IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.4336 of 2019 Decided on: 06.08.2025 _________________________________________________________________ Ghanshyam Singh ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioners: Mr. Bonit Prakash, Advocate. . For the respondents: Mr. L.N.Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Petitioner seeks salary and allowances as Fitter from due date with all incidental benefits. 2. Petitioner’s case is that he was though engaged as Beldar on daily wage basis and his services were regularized as such on 09.11.2010, but he has been rendering duties of Fitter eversince. He has been denied the wages of Fitter and is being paid as Beldar. The substantive relief prayed for by the petitioner reads as under:- “(i) That the respondents may be ordered to pay the salary 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - and allowances of fitter to the petitioner from the due date with all benefits incidental thereof and the petitioner may be promoted as fitter from the due date with all benefits incidental thereof” 3. Petitioner has placed on record his regularization order dated 09.11.2010. He was regularized therein on the post of Beldar. There is no document on record to support petitioner’s claim of having worked as Fitter. 4. Respondents in their reply filed in the year 2020 have, inter-alia, pleaded that:- post of Pipe Fitter is filled in as per Recruitment & Promotion Rules (R&P Rules) notified on 12.10.2017 for the post i.e. 80% by direct recruitment, 20% by promotion and with further break up of 10% from Beldar category and 10% from work charge helper; The R&P Rules further provide filling in 10% posts from amongst work charge beldars, who possess eight years of service as work charged; Promotion is made as per seniority in accordance with the provisions of R&P Rules; Petitioner’s name figured at Sr. No.191 in the circle seniority list of Baldars; Petitioner was junior most, not in possession of minimum criteria for promotion and was not eligible for promotion to the post of Fitter. The respondents’ categoric stand is that petitioner will be considered for his promotion to the post of Fitter as per - 3 - seniority and as per R&P Rules. Petitioner has not filed any rejoinder, controverting the reply. 5. In view of above, relief claimed for by the petitioner, cannot be allowed to him. The writ petition fails and to stand disposed of accordingly. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua August 06, 2025 Judge R.Atal