IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.283 of 2007 (S/B) State of Uttarakhand and others ………..Petitioners Versus M.C. Purohit & another ….Respondents Mr. H.M. Raturi, Standing Counsel for the petitioners/State. Mr. Pankaj Purohit, Advocate for the respondent no.1. Dated: 1st September, 2010 Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. Barin Ghosh, C.J. (Oral) After having had worked for about eleven years as Basic Health Worker, the respondent found that he may not be promoted from the said post, inasmuch as, his educational background was Humanities and not Science. In the circumstances, he made a representation. Upon consideration of such representation, by an order the respondent was promoted to the post of Clerk. The post of Basic Health Worker and the post of Clerk are Class III posts. However, at the time when respondent was promoted to the post of Clerk, the post of Clerk carried a better scale than the post of Health Worker. At the time of introduction of the recommendation of one of the Pay Commissions, it transpired that the scale of pay allocated to Basic Health Workers is more than the scale of pay allocated to Clerks. The respondent accordingly, wanted to take advantage of the pay scale 2 thus allocated to Basic Health Workers. This having been denied or rejected by the State, the respondent approached the Tribunal. The Tribunal also did not acceded to the said contention of the respondent, but while concluding the matter made it absolutely clear that for the purpose of pension and gratuity his appointment shall be counted from the day he had joined as Basic Health Worker i.e. since 1st March, 1968. We don’t think that the State could at all be aggrieved by the said order of the Tribunal, inasmuch as, in accordance with law made by the State, while calculating pension and gratuity, the length of the service is required to be counted from the day a government servant is appointed in the first post in the government. Subsequent to the Tribunal holding thus by its order dated 13th November, 2006, the respondent once again approached the Tribunal and contended that, inasmuch as the Tribunal has accepted that the respondent is entitle to recognition of his services with the government since 1st March, 1968, he should be declared to be entitled to all benefits attached to his recognition including seniority and the Tribunal by its order dated 14th March, 2007, while purporting to clarify its earlier order dated 13th November, 2006 granted all other service benefits from the date, the respondent first joined as Basic Health Worker. On the strength thereof the respondent is contending that he may be deemed to be a Clerk from 1st March, 1968 and accordingly, entitled to seniority from that date. The said contention on the part of the respondent has compelled the State to appear before us by filing the present writ petition. 2. It is not in dispute that at the time when the respondent was converted from Basic Health Worker to Clerk, there was no rule authorizing grant of promotion to a Basic Health Worker to the post of Clerk. On the other hand, there was at that time no impediment in doing so. At the request of the respondent, he was, while being converted from Basic Health Worker to Clerk, was treated to have been promoted and not transferred. The respondent thus joined the cadre of Clerks from the date he was thus promoted. While a person is promoted he does not carry any seniority to the promoted post, inasmuch as, seniority earned in the feeder post is no seniority to be counted in the promotional post. We accordingly, think that the modification order dated 14th March, 2007 passed by the Tribunal though seem to be innocuous but thereby a substantial claim, which is otherwise not sustainable, pertaining to seniority could be and infact had been made by the respondent. We accordingly, allow the writ petition and set aside the order of the Tribunal dated 14th March, 2007. It is made clear that we have not interfered with the order of the Tribunal dated 13th November, 2006. (V.K. Bist, J.) (Barin Ghosh, C.J.) 01.09.2010 01.09.2010 Arpan