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Himachal Pradesh High Court · body

2011 DIGILAW 1230 (HP)

Ramesh Kumar v. State of H. P.

2011-03-11

V.K.SHARMA

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JUDGMENT V.K. Sharma, Judge Rejoinder filed, which is taken on record. 2. The petitioner, an Ex-serviceman, on retirement from Indian Army as Naik was appointed as Warder (Class-III) in the pay-scale of Rs.3120-5160 (pre-revised). Later on in terms of memo dated 28th February, 1987 which forms part of letter dated 24th February, 2010, Annexure R-4, he applied for grant of no objection certificate (NOC) for reregistering his name with the Ex-Servicemen Appointment Cell, Hamirpur for a higher job. Consequently, his name was sponsored for appointment as constable in the police department for which post he has since been duly selected vide WT/fax message dated 14.9.2009, Annexure P-2. However, vide letter dated 15th February, 2010, Annexure P-4, addressed by the Director General of Prisons, Himachal Pradesh to the Sub Regional Employment officer, Directorate of Sanik Welfare, Ex-Serviceman Employment Cell HP at Hamirpur, a clarification has been sought in the following terms: “Under the circumstances stated above, it may please be clarified whether an Ex-servicemen once considered and nominated by the Ex-Serviceman Cell against a Class-III post and appointed as such can be again considered by the Ex-Serviceman Cell and nominated against other Class-III post in another department, especially when the incumbent has not applied for the another post another departments through proper channel and if rules and instructions exist to this effect copies thereof be sent to this office, so that suitable decision in his services is taken accordingly.” 3. The clarification as above sought by the Director General of Prisons, Himachal Pradesh has been given vide the aforesaid letter dated 4.3.2010, Annexure R-4, with which a copy of aforementioned memo dated 28th February, 1987 addressed by the Labour Commissioner-cum-Director of Employment, Himachal Pradesh to all the Regional; Employment Officers, District Employment Officers and Incharges , Sub Office Employment Exchanges in Himachal Pradesh stating that “an ex-serviceman already appointed in civil job is eligible for higher jobs against reservation and does not cease to be an ex-serviceman after being appointed on a civil job once,” was also enclosed. 4. Now the question arises, whether the post of police constable is a higher job in relation to the post of Warder in the Prison Department. In this regard a reference may be made to the comparative table showing pre-revised and revised pay scales admissible to these posts which are as under:- Category Pay Scale revised) (Pre- Pay Scale (Revised), 1.1.2006 1. In this regard a reference may be made to the comparative table showing pre-revised and revised pay scales admissible to these posts which are as under:- Category Pay Scale revised) (Pre- Pay Scale (Revised), 1.1.2006 1. Warder Rs.3120-5160 Rs.5910-20200 and Grade pay 1900/- Pay Band PB-2 3 2. Constable Rs.3330-6200 Rs.5910-20200 and Grade Pay 2000/- Pay Band PB-2. 5. A perusal of the above table would go to show that as far as the Pre-revised scales are concerned, the scale admissible to the post of police constable was certainly higher. It is further apparent that though the revised pay scale of both these posts is same, yet the grade pay in respect of the post of constable is higher to that of the Warder. Further more in police department a constable gets one month’s extra salary which is not admissible in Jail Department as is apparent from letter dated 17th September, 2009, Annexure P-7 addressed to the Dy. Inspector General of Police, Northern Range, Dharmsala, H. P. by the Sub Regional Employment Officer, Directorate of Sainik Welfare, Ex-Servicemen Employment Cell H P at Hamirpur. 6. In view of the above, it can safely be concluded that the post of constable is a higher job vis-à-vis the post of warder. 7. Consequently, the petition is allowed with a direction to respondent No.2 to accept the technical resignation dated 13.1.2010, Annexure-P-3, submitted by the petitioner from the post of warder so as to enable him to join as constable in the police department within one month from the date of production of copy of this judgment by the petitioner. 8. The petition stands disposed of so also pending CMP (s), if any.