N.N.TIWARI, J. - (1.) IN this writ petition the prayer of the petitioner is for issuance of an appropriate direction to the respondents to regularize his service on the post of Munshi and to pay the difference in wages since 25.2.1992.
(2.) THE claim of the petitioner is that he was appointed as General Mazdoor, Cat. I in the respondent 'scompany on 21.12.1991 and subsequently by office order dated 21.7.1993 the petitioner was advised to work as a Munshi, and to arrange proper loading of tubs. In another office order dated 20.1.1994 his shift as Munshi was rearranged by the Project Officer, Kedla under ground project. Letters dated 5.9.1994 and 11.5.1994 were issued by Dy. Personnel Manager, Kedla under ground project for holding meeting regarding his regularization on the post of Munshi alongwith others. The petitioner is thus discharging duty of a Munshi, but he is being given payment of the post of category No. I Mazdoor. The further case of the petitioner is that all along the respondents addressed the petitioner as Munshi and in fact he has been discharging the duties of Munshi and as such he is entitled to get higher pay scale of a Munshi. According to the petitioner, he possess requisite qualification, which is required for the said post. The petitioner also claims that has been discharging the duty of a Munshi for a long period and he is entitled to be regularized on the post of Munshi and to get pay scale of Munshi and consequent difference of pay. The respondents contested the claim of the petitioner by filing a counter affidavit stating, inter alia, that the petitioner is still on the post of Category I General Mazdoor. According to the respondents, an employee cannot be automatically regularized or placed on a higher post only on the claim of his working on the post and discharging equivalent duties unless and until the vacancy exists and the candidate fulfils the requisite eligibility criteria. It is stated that Munshis in the respondent 'scompany are placed in clerical Grade II subject to their performing specific job and but the petitioner is not discharging the duty of clerical Grade II and he has not been posted against the post of Munshi either through promotion or under the prescribed scheme. Respondents denied that the petitioner has been performing job of a Munshi equivalent to clerical Grade II and on the said premises respondents claimed that the petitioner is not entitled to relief as prayed for in this writ petition and the same is liable to be dismissed.
(3.) AFTER hearing the parties and going through the records, I find that the respondents have addressed the petitioner as Munshi in office orders dated 21.7.1993, dated 20.1.1994 issued by Project Officer, Kedla under ground Project and Letters dated 5.9.1994 and 11.5.1994 were issued by the Dy. Personnel Manager, Kedla under ground project directing the petitioner and others to appear before the Regularization Committee with requisite documents for the purpose of regularization on the post of Munshi. By office order dated 21.12.1994 the petitioner was transferred from Mine No. 1 to Mine No. 2 as Munshi by Colliery Manager, Kedla Under Ground Project. The said office orders and letters have not been disputed by the respondents. Thus it is evident from the said orders/letters issued by the respondents that the petitioner has been working as Munshi and discharging some type of supervisory duty.;