KURIAN JOSEPH, J.

(1.) The writ petition is filed with the following prayers:-

(i) Directions be issued to the respondents to regularize the applicant either as Assistant Lab Attendant or silt observer or Lab Attendant.

(ii) That the respondents be directed to pay to the applicant the wages of Lab Attendant for the period he has worked as Lab Attendant. (iii) That the respondents be directed not to convert the applicant into Beldar.

(2.) In reply filed by respondents No. 1 to 3, in para 1 (ii), it is stated as follows:-

"In context, replying respondents submit with utmost respect that the applicant worked as Beldar on Muster Roll basis w.e.f. 25.10.85 to 8.1.98, was never assigned the job of Assistant Lab Attendant-cum-Silt Observer. He was assigned only the duty of Beldar and was accordingly paid the wages of Beldar as per mandays chart annexed as RA-I. However, the said applicant was erroneously shown engaged the Muster roll and against the muster roll of Lab Attendant w.e.f. 21.6.89 to 20.10.90 due to oversight and was paid the wages of Beldar as per progress/justification on the concerned M/rolls for 21.6.1989 to 20.10.90 are annexed as RA-II. Since the rates of Beldar (except few M/rolls which are untraceable) Lab Attendant as the same. This is further confirmed from the fact of withdrawing the designation of the applicant as Lab Attendant vide letter No. 677-78 dated 17.11.90 (Annexure PA to original application) which clearly showed that the post of Lab Attendant is filled by promotion from Assistant Lab Attendant under the RandP Rules for the post . Thus since 17.11.98 the applicant continued to work as Beldar on daily wages and was never assigned the duties of Silt Observer or any other grade till the date he was offered the appointment as work charge Beldar, vide order No. HPSEB/PID-II/E-7/99- 3564-70, dated 8.1.98 copy of which is placed on record as per Annexure RA-III and accordingly the applicant herein joined as such without any protest and demur the joining report of the applicant herein is placed on record as per Annexure RA IV. It is also pertinent to mention here that the applicant never represented for wages of silt observer/Lab Attendant/Assistant Lab Attendant during the period he (applicant worked as Beldar. This was only because of the facts that he was performing the duties of Beldar. Hence the application is not maintainable and deserves dismissal."

(3.) In case there is any dispute as to the factua

l position, as stated in the reply affidavit, it will be open for the petitioner to approach the first respondent, in which case the matter will be duly considered by the first respondent. The writ petition stands disposed of so also the pending application(s), if any. Copy dasti.