Punjab-Haryana High Court
Ram Chander vs Haryana Urban Development Authority on 27 July, 2009
Author: Satish Kumar Mittal
Bench: Satish Kumar Mittal
Civil Writ Petition. No.3131 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition. No.3131 of 2008
Decided on : 27-07-2009
Ram Chander
.... Petitioner
VERSUS
Haryana Urban Development Authority,
Panchkula and others
.... Respondents
CORAM:- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL.
Present:- Mr. Sushil Bhardwaj, Advocate,
for the petitioner.
Mr. Ajay Nara, Advocate, for
Mr. Dinesh Nagar, Advocate,
for the respondents.
SATISH KUMAR MITTAL, J (Oral).
The petitioner, who was appointed as Mali-cum- Chowkidar in the office of Haryana Development Authority, Panchkula, on daily wages on 1.12.1992, has filed the instant petition for issuing direction to respondent No.2 to consider and decide his claim with regard to change of his designation.
It is the case of the petitioner that after completion of more than 5 years service as daily wager, his services were regularized by the respondents on 21.5.1997 as Mali-cum- Chowkidar (for short 'MCC'). It is further case of the petitioner that after regularization, in the year 1999 he was assigned the duty of Civil Writ Petition. No.3131 of 2008 -2- Water Pump Operator (Helper). Since he has been carrying the said job for long time, therefore, his designation may be changed from MCC to Water Pump Operator (Helper).
In the written statement, the respondents have taken the stand that the petitioner was assigned the duty of the Water Pump Operator (Helper) purely on temporary basis as a stop gap arrangement. It has been further stated that pay-scales of MCC and Water Pump Operator (Helper) are the same and the petitioner is getting the same salary without any financial loss. Now, the Department has decided to take the work of MCC from the petitioner as in the year 2007, a decision was taken that "to get only the work related to the post on which officer/official is appointed".
In view of the said decision and in view of the fact that the petitioner is now working as MCC, claim of the petitioner for change of his designation from the post of MCC to Water Pump Operator (Helper), has been declined by the Corporation.
After hearing counsel for the parties, I do not find any merit in this petition. Since the petitioner was given the duty of Water Pump Operator (Helper) as a stop gap arrangement, he is not entitled for change of his designation from MCC to Water Pump Operator (Helper). No financial loss was caused to the petitioner while discharging the said duty because the pay-scales of both the posts are the same. Merely, because the petitioner has worked only for some time as Water Pump Operator (Helper), he Civil Writ Petition. No.3131 of 2008 -3- does not become legally entitled to get his designation changed to the said post.
No merit.
Dismissed.
27th July, 2009. (SATISH KUMAR MITTAL) Monika JUDGE Civil Writ Petition. No.3131 of 2008 -4- C.M. No.11057 of 2009 in Civil Writ Petition. No.1308 of 2007 Present:- Mr. RK Garg, Advocate, for the petitioner.
Mr. SC Pathela, Advocate, for the respondents.
**** Reply to the short affidavit of the respondents filed by the petitioner, is taken on record. .
C.M. stands disposed of.
9th July, 2009. (SATISH KUMAR MITTAL) Monika JUDGE