Govind Ram and Nawal Kishore were appointed on 08.02.1979 as daily wager on temporary basis as muster roll workmen for unskilled work and as per the provisions, rules and provisions of law, they were to be fixed in the pay-scale as per the post of Helper only. When the workmen were appointed there was no post specified as ‘Carpenter’. Rajasthan State Electricity Board marked the post of Carpenter Grade-I and Grade-II, which was to be filled as per the Technical Workman Service Regulations, 1975 as ‘skilled’ category and only then the workman should be fixed in the pay-scale and the category of skilled category, which was initially appointed in the same. Since the workmen were initially appointed as unskilled workmen, they could not have been fixed in the pay scale of skilled category. The learned Single Judge erred in not considering the fact that the workmen were initially appointed as muster roll labour and as workmen roll was prespecified and all the similarly situated persons were fixed in the pay-scale of Helper-II as per the ‘Singh Sancheti Award’. The workmen have admitted that they were initially admitted as workcharge/ daily wagers / muster roll workmen and after two years of their initial appointment they were regularized on the post on which they were initially appointed and had been working. Learned counsel argued that the learned Single Judge while passing the impugned order erred in not considering the fact that the workmen were fixed in the pay scale of Helper Grade-II, which falls in the Pay-Scale-I, where as the post of Carpenter Grade-II falls in the skilled category and falls in the category of Pay-ScaleIII and neither there are any rules and provisions of law which provide that the workmen be shifted form Pay-scale-I to PayScale-III nor there is any changeable of promotion in such
