Bakhshish Singh, S/O SH. Santa Ram v. State of H. P. Through its Secretary (Rural Development)
2021-09-10
SURESHWAR THAKUR
body2021
DigiLaw.ai
ORDER : 1. Through Annexure A1, drawn in the month of June 1987, the writ petitioner became appointed, against the post of Stenographer, in the pay scale of Rs.400-600 alongwith other allowances. His appointment has occurred, in the Office of, the Chairman, District Rural Development Agency (DRDA), Solan, District Solan, H.P. 2. Moreover, through Annexure A2, drawn on 28.03.1998, the post of Junior Stenographer, became upgraded, to, the post of Stenographer, in the pay scale of Rs.5800-9200 alongwith other allowances, as admissible from time to time. 3. The writ petitioner, through the extant writ petition, nurses a legitimate expectation, for his being promoted, to, the post of Superintendent Grade-II, in the Office of DRDA, Solan. However, since correspondent No. 3, became appointed as Superintendent Grade-II, at DRDA, Solan, hence through Annexure A10, on his transfer from Development Block Narkanda, District Shimla, vice Sh. Lalit Vikram Singh Dulta. Consequently, the legitimate expectation, of, the writ petitioner, to, become promoted, as Superintendent Grade-II in the Office of DRDA, Solan, became frustrated. Therefore, he has instituted the extant writ petition before this Court, with a prayer, that Annexure A-10, be annulled. 4. Both the officials, mentioned in Annexure A-10, appear to in contemporaneity, vis-a-vis, the drawing(s) thereof, hence hold the promotional post of Superintendent Grade-II, in their respective Offices/Establishments. Therefore, prima facie, at this stage, this Court may not become constrained, to, annul, Annexure A-10. 5. However, a perusal of Annexure A-3, annexure whereof embodies therein, the relevant Recruitment, and, Promotion Rules (R&P), as appertain to the promotional post of Superintendent Grade-II. To the promotional post (supra), the only channel of recruitment thereto, is through cent percentum promotion, from the feeder category, of, the eligible streams or channels thereto. The apposite feeder channels thereto, are enjoined to become drawn from amongst Senior Assistants, Senior Assistant (Accounts), Senior Assistant (Progress) and Senior Scale Stenographer, with atleast 6 years regular service, or, regular service, combined with continuous adhoc (rendered upto 31.03.1991) in the grade. 6. The writ petitioner could claim his possessing the eligibility (supra), only upon his rendering, at least 6 years regular service, or, regular service, combined with continuous adhoc, against the feeder post of Senior Scale Stenographer, hence, upto 31.03.1991.
6. The writ petitioner could claim his possessing the eligibility (supra), only upon his rendering, at least 6 years regular service, or, regular service, combined with continuous adhoc, against the feeder post of Senior Scale Stenographer, hence, upto 31.03.1991. However, since Annexure A-2, became drawn in 1998, thereupon, the writ petitioner did not obviously, render the afore period of qualifying service, against the feeder channel of Senior Scale Stenographer, hence, upto 31.03.1991. 7. Be that as it may, even if assuming that Annexure A-2, as became drawn in the year 1998, yet prima facie the writ petitioner cannot become deprived, of the writ claim, given the proviso occurring underneath the relevant Clause, and, which becomes extracted hereinafter: “By promotion from amongst Senior Assistants, Senior Assistant (Accounts), Senior Assistant (Progress) & Senior Scale Stenographer with at list six years regular service or regular service combined with continuous adhoc (rendered upto 31.03.1991) service, as such, in the grade. Provided that for the purpose of promotion a combined seniority list of Senior Assistant, Senior Assistant (Accounts), Senior Assistant (Progress) and Senior Scale Stenographer be prepared which shall be based on the length of service in their respective grades without distributing the inters seniority. Provided further that Senior Assistants/Senior Scale Stenographers in the prerevised pay scale of Rs. 600-1120 will be placed enblock above the Senior Assistants, Senior Assistants (Accounts) and Senior Assistants (Progress) in the pay scale of Rs. 570-1080.” envisaging, that Senior Assistants/Senior Scale Stenographer, in the prerevised pay scale of Rs.600-1120, would per se become placed enblock, above the Senior Assistants, Senior Assistant (Accounts) and Senior Assistant (Progress) in the pay scale of 570-1080. Consequently, in consonance therewith, the respondents were enjoined to place on record, the seniority list, as became prepared, since the joining of the petitioner, and, detailing therein, all the persons falling in the streams or channels, of, promotion, as become prescribed (supra), to the promotional post of Superintendent Grade-II. 8.
Consequently, in consonance therewith, the respondents were enjoined to place on record, the seniority list, as became prepared, since the joining of the petitioner, and, detailing therein, all the persons falling in the streams or channels, of, promotion, as become prescribed (supra), to the promotional post of Superintendent Grade-II. 8. However, the afore material has not been placed on record, and, in absence thereof, those channelized persons other than those falling in the channel(s) of Senior Scale Stenographer, latter whereof were to be enblock placed above the other persons drawn from other streams, hence alternate to the stream of Senior Scale Stenographer, in the combined seniority list, rather brings the effect, that no firm conclusion can become drawn, that the officers/officials, mentioned in Annexure A-10, were appropriately designated as Senior Superintendent Grade-II, in the respective office(s) concerned, and, that too, to the detriment of the right of the writ petitioner to be considered for promotion, if any, thereto. Therefore, to do complete justice, the respondents concerned are directed to, within three weeks hereafter, mete the completest compliance, to, the proviso (supra), and, to draw the consolidated seniority list, of, all the valid streams, and, channels, of, promotion to the promotional post of Superintendent Grade-II, and, are also directed to, within one week thereafter, if the writ petitioner occupies the notch, of, seniority above the Officers/Officials mentioned, in, Annexure A-10, to, forthwith convene, a, DPC for the relevant purpose. 9. Obviously, in case the writ petitioner is found fit in all respects, the respondents concerned are directed to, forthwith promote the writ petitioner, from the date, when he was required to be considered, for, promotion to the promotional post of Superintendent Grade-II, and, all consequential thereto benefits, be also bestowed upon him, in accordance with law. 10. In view of the above, the writ petition, so also pending application(s), if any, also stand(s) disposed of.