IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 7917 of 2008. Decided on: 19.10.2009. __________________________________________________________ Shri Naresh Kumar Sharma. … Petitioner. Versus State of Himachal Pradesh and Others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the petitioner : Mr. Diwan Singh Negi, Advocate. For the Respondents : Mr. R.K. Sharma, Senior Additional Advocate General for respondents No.1 and 2. None for respondent No.3. Rajiv Sharma, J. The petitioner was appointed against the substantive post of Clerk in the pay-scale of Rs.3120-5160. The appointing authority of the Clerk is respondent No.2. He was posted in the office of respondent No.3 as Clerk on deputation. Mr. Diwan Singh has strenuously argued that his client was entitled to additional monetary benefits after his client was directed to take charge of the post of Senior Scale Stenographer vide office order dated 28th June, 1997 under F.R. 49. The learned Senior Additional Advocate General has argued that there is no formal order appointing 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - the petitioner as Senior Scale Stenographer, thus, he cannot be granted additional monetary benefits under F.R. 49. I have heard the learned counsel for the parties and have gone through the pleadings carefully. The petitioner was appointed as Clerk. The appointing authority of Clerk is respondent No.2. He was sent on deputation to the office of respondent No.3 as Clerk. Shri Mohan Singh, Kanungo was promoted to the post of Superintendent Grade-II. Thereafter the petitioner vide office order dated 28th June, 1997 was directed to take the charge of the post of Senior Scale Stenographer in addition to his own assignment till the regular Senior Scale Stenographer joins the office of respondent No.3. The petitioner is claiming additional monetary benefits with effect from 28th June, 1997 till 11th December, 1998. The combination of appointments is regulated under F.R. 49. The Department of Per. & Trg., O.M. dated 11th August, 1989 has laid down the guidelines on additional charge of the current duties of another post under F.R. 49. A bare perusal of these guidelines reveals that with approval of the competent authority formal office order appointing the officer to the additional post should be issued in case an officer is required to discharge all the duties of the other post including statutory functions. However, in case the officer is required only to attend to the usual routine day-to-day work of non-statutory nature attached to the post, an office order may be issued clearly stating that he will be performing only the routine day-to-day duties of non-statutory nature and he would not be entitled to additional remuneration. The office order should specifically say what duties he would be discharging or what duties he would not be discharging. The fact of the matter is that in this case no formal order - 3 - appointing the petitioner to do additional work of the post of Senior Scale Stenographer has been issued. He has merely been asked to take charge of the post of Senior Scale Stenographer after the promotion of Shri Mohan Lal, Kanungo to the post of Superintendent Grade-II. In these circumstances, the petitioner cannot be held entitled to officiating pay of the post of Senior Scale Stenographer. Accordingly, there is no merit in the petition and the same is dismissed. There shall, however, be no order as to costs. (Rajiv Sharma), J. October 19, 2009. (sck).