IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 12537 of 2008. Decided on: 13.5.2011. ___________________________________________________________ Hazari Lal. … Petitioner. Versus State of Himachal Pradesh and others. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Vikas Bhardwaj, Advocate. For the respondents : Mr. Anil Jaswal, Dy. A.G. ___________________________________________________________ Justice V.K. Sharma, Judge (Oral). The petition has been filed on the following substantive prayers vide para No. 7 (i) to (iii):- “7 (i). The respondents may kindly be directed to frame recruitment and promotion rules for providing the promotional channel to the trade of Blacksmith, the applicant. (ii). That the respondents may be directed to place the applicant in the higher grade of Technicians Grade-II w.e.f. the date, the similarly situated persons in other trades with same length of service and qualification have been provided with the designation of Technician Grade II, alongwith all consequential benefits. (iii). That the respondents may further be directed to provide an increment under Career Progression Scheme to the applicant w.e.f. 1.1.2002, on completion of eight years of service alongwith arrears. 2. In reply, the respondents have taken the following stand vide para 6(vi) on merits:- 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 “6 (vi). The Govt. of HP has issued notification No. IPH-A (1) A (3)-5/95 dated 14.11.1995 (Annexure RA-III) vide which the category of Blacksmith designated as it is i.e. Blacksmith and placed in the pay scale of Rs. 950-1800. Thereafter another notification No. FIN (C ) B (7)-6/88-VI dated 30.8.1997 (Annexed as RA-I) was issued and the category of Blacksmith in the pay scale Rs. 950-1800 was given initial start of Rs. 1000/- w.e.f. 1.1.1986 and designated as Jr. Technician (Blacksmith). Another notification No. FIN (PR)B (7)-1/98 dated 1.9.1998 (Annexed as RA-II) was again issued and category of Jr. Technician (Blacksmith) was bifurcated in the three categories in the pay scale as under:- (i) 20% of the Jr. Technician (Blacksmith) are given the scale of Rs. 4550-7220 and designated as Technician Gr.I (Blacksmith). (ii) 30% of the Jr. Technician (Blacksmith) are given the scale of Rs. 4020-6200 and designated as Technician Gr.II (Blacksmith). (iii) 50% of the Jr. Technician (Blacksmith) are given the scale of Rs. 3120-5160 and designated as Jr. Technician (Blacksmith). Total number of Jr. Technician (Blacksmith) as on 1.1.1996 in IPH Circle Una was only one i.e. Shri Hazari Lal. As per notification dated 1.9.1998 (Annexed as RA-II) and cadre strength of Jr. Technician (Blacksmith), there was no eligible Blacksmith to be designated as Technician Gr.I (Blacksmith) in the scale of Rs. 4550-7220. Similarly no Jr. Technician (Blacksmith) was eligible to be designated as Technician Gr.II (Blacksmith) in the scale of Rs. 4020-6200. Being single cadre strength of Jr. Technician (Blacksmith), the applicant Shri 3 Hazari Lal was designated as Jr. Technician (Blacksmith) and placed in the scale of Rs. 3120-5160 as per rule and regulation.” 3. Thus, it is manifest that the claim of the petitioner, who at the relevant time was working as Blacksmith in the respondent-department, for being designated as Technician Grade II in the pay scale of Rs. 4020-6200 at par with his counterparts in other trades, has been denied only on the ground that he was the only incumbent in the single post cadre. However, to my mind, no fault can be found with the petitioner on this count. It being so, he could not have been denied the benefit of “implementation of pay scale as per 2nd Schedule revised w.e.f. 1.1.1996” in terms of letter dated 26.9.2000, Annexure A-2 and more so when his case was duly recommended by respondent No.4 vide letter dated 13.12.2002, Annexure A-6. 4. In view of the above, the petition is allowed with a direction to respondents No. 1 & 2/competent authority to consider the case of the petitioner for being designated as Technician Grade II in the pay scale of Rs. 4020-6200 along with consequential benefits, if any, in terms of the aforesaid letter dated 26.9.2000, Annexure A-2, at par with his counterparts in other trades within three months from the date of production of copy of this judgment by the petitioner, failing which interest at the rate of 6% shall also be payable. 5. The petition stands disposed of in the above terms, so also pending application(s), if any. (V.K. Sharma) Judge. May 13, 2011. (cr) 4