IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5104 of 2010 Date of decision : January 4, 2011 Surender Kumar Parmar …Petitioner. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Rupinder Singh, Advocate. For the Respondents : Mr. Vikas Rathore, Deputy Advocate General, and Mr. Ramesh Thakur, Assistant Advocate General. Surjit Singh, Judge(Oral) Petitioner was appointed as Computer Operator in the Health Department of State of Himachal Pradesh and posted in the Office of Chief Medical Officer, Sirmour at Nahan, in the year 1981. Ever since he is being deployed to do the work of Clerk. Other Clerks working in the said office have been getting promotions as Assistants, Senior Assistants, Deputy Superintendents, etc., but not the petitioner. His case is that he is also performing the duties of a Clerk and that he should also get same promotions. 2. Respondents, in their reply, have stated that the petitioner was appointed as Computer Operator, which is a post different from the posts included in the cadre of Clerks and posts of Computer Operators being not included in any feeder cadre for promotion to higher post, he (the Whether reporters of the local papers may be allowed to see the judgment? …2… petitioner) has remained Computer Operator since his appointment. 3. I have heard learned counsel for the parties and gone through the record. 4. There are no promotional avenues for the post of Computer Operator in the Department, in which the petitioner is employed. Though work of Clerk is being taken from him, as claimed by him, that does not make him a member of Clerical cadre. He was appointed as Computer Operator. It appears that there are no promotional avenues for Computer Operators. 5. Dealing with a similar situation in State of Tripura and others versus K.K. Roy, (2004) 9 SCC 65, Hon’ble Supreme Court has held that where there are no promotional avenues, the concerned State Government should formulate a policy, based on the recommendations of the Pay Commission, for granting atleast two higher scales to an employee. It has been held that promotion being a condition of service, State is under obligation to provide promotional avenues. Hon’ble Supreme Court directed that the employee concerned be granted two promotions in the next higher scale of pay upon his completing 12 years and 24 years in service. 6. Relying upon the aforesaid precedent of the Hon’ble Supreme Court, the present petition is disposed of with a direction to the respondents to grant two higher scales to the petitioner, in the hierarchy of pay-scales, one …3… on completion of 12 years service and the other when he completed 24 years of service. Petitioner shall be entitled to all consequential monetary benefits. Order be complied with, in its entirety, including payment of arrears etc., within three months, from the date of receipt of a copy of this order by respondent No.2. January 4, 2011(sd) ( Surjit Singh ), J