IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 13199 of 2008 Date of Decision : March 16, 2011 Baldev Dass Petitioner Versus State of H.P. and others Respondents Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Praveen Chandel, Advocate, vice Mr. Ajay Sharma, Advocate, for the petitioner. For the respondents : Mr. Ram Murti Bisht, Dy. Advocate General with Mr. Vinod Thakur, Dy. A.G. for the respondents. Sanjay Karol, J. (Oral) Petitioner has prayed for the following relief:- (i) That impugned order Annexure A-3 dated 6.3.2006 may very kindly be quashed and set aside with directions to the respondents to grant the scale of Junior Assistant to the applicant on his completion of ten years service on 8.10.1994 with all consequential benefits of arrears and with further directions to the respondents to grant the scale of Junior Assistant with effect from 8.10.1994 and thereafter calculate and fix the applicant presently in the scale in which applicant ought to have been and directions may also be Whether reports of Local Papers may be allowed to see the judgment? 2 given to pay the arrears to the applicant alongwith interest @ 9% per annum in the interest of law and justice. 2. Annexure A-3 reads as under:- “From Chief Election Officer, Himachal Pradesh. To District Election Officer (Dy. Commissioner) Hamirpur. Sub: Application for the grant of scale from the due date of Jr. Asstt. Sir, In reference to your letter No. HMR 1-3/2003-ELN dated 27th September, 2005 and HMR 1-3/2003-ELN-1750 dated 31st December, 2005, I am to state that the placement of Shri Baldev Dass as Jr. Asstt. after completion of ten years service i.e. w.e.f. 8.10.1994 will depend on the subject to decision of Hon’ble High Court of H.P. As per the latest order of the Government, Sh. Baldev Dass has been placed as Jr. Asstt. in the pay scale of Rs. 4400-4700 w.e.f. 1.1.1996 and accordingly the official has been informed about the same through the District Election Officer (Dy. Commissioner) Una. As such you are requested that in this respect the official may be informed. Yours faithfully, Sd/- Asstt. Chief Election Officer, H.P.” 3. It cannot be disputed that the case of the petitioner was considered by the D.P.C. for designating him as a Senior Clerk. Since there were adverse entries in his ACRs for the year 1987-88 his case was not recommended as such. The adverse entries made in his record were assailed by the petitioner before the erstwhile Himachal Pradesh Administrative Tribunal in terms of OA No. 1101/90. The same however 3 was dismissed sometime in the year 2000 against which petitioner has preferred CWP No. 927 of 2000 which is still pending before this Court. 4. Since adverse remarks in the ACRs still remain on record, petitioner’s claim in the instant petition for higher pay scale cannot be accepted. Respondents themselves have clarified that petitioner’s placement at higher scale, with effect from the date when his juniors were given benefit, would depend upon the out come of the said writ petition. 5. Consequently no relief can be granted to the petitioner in the instant petition save and except that the authority shall take action pursuant to the final outcome of the proceedings initiated by the petitioner. (Sanjay Karol), Judge. March 16, 2011 (PK)