IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No.8263 of 2008 Date of decision : May 13, 2011 Kirpa Ram Gazta …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. I.D. Bali, Senior Advocate, with Mr. Hoshiar Kaushal, Advocate. For the Respondents : Mr. R.P. Singh, Assistant Advocate General. Surjit Singh, Judge(Oral) Petitioner was working as TGT in the Education Department of Himachal Pradesh, on 12th June, 1987, when an order, promoting him as Head Master, copy Annexure A-1, was issued. The promotion was on adhoc basis. He assumed the charge of the post to which he was promoted, on 30th June, 1987. On 1st August, 1987, he exercised option, under FR 22-C, for fixation of his pay from 1st August, 1987, when he was to have earned an increment in the pay-scale of the post, from which he was promoted. Pay fixation was done vide order, copy Annexure A-2. The order said that the benefit of option will be permissible only when petitioner’s promotion was made regular. Whether reporters of the local papers may be allowed to see the judgment? …2… 2. Petitioner was appointed on regular basis, as Head Master, vide order dated 31st October, 1994, copy Annexure A-5. The order said that regular promotion was to be effective from 28th October, 1991. Petitioner was not given the benefit of option exercised under FR 22-C, read with Government of India, Ministry of Home Affairs, Department of Personnel & AR, OMs No.F.7/1/80-Estt. P.I., dated 26th September, 1981 and 24th December, 1981, which says that a person promoted to a higher post shall have the option to be exercised, within one month, to defer his pay fixation to a date when he earned an increment in the pay-scale of the post from which he is promoted. 3. Petitioner made representations, but to no avail. He then filed Original Application before the H.P. State Administrative Tribunal, in the year 2002. That Tribunal having been abolished, in the year 2008, matter came to this Court and was re-registered as CWP(T) No.8263 of 2008 with the Registry of this Court. 4. Stand taken by the respondents is that option, in terms of the aforesaid orders of the Government of India, as adopted by the State Government, can be exercised only by a person who is appointed on regular basis and that in the present case the petitioner was appointed only on adhoc basis and it was after such adhoc appointment that he exercised the option and so it should not have been even taken into account. According to the …3… respondents, no such option was exercised by the petitioner, when he was appointed on regular basis. 5. I have heard learned counsel for the parties and gone through the record. 6. It is true that as per clarification, issued by the Government of India, in relation to the aforesaid Office Memoranda, vide Government of India, Ministry of Home Affairs, Department of Personnel & AR, OM No.F-13/26-82- Estt. P.I, dated 8th February, 1983, benefit of the aforesaid two Office Memoranda of the Government of India is available even to a Government servant, who is promoted on adhoc basis, provided adhoc promotion is followed by regular promotion and such benefit would then be available from the date of initial promotion on adhoc basis. Reference may be made to Clarification No.4 of the aforesaid Office Memorandum, dated 8th February, 1983. Option, which is available to a promoted Government servant, is that he can opt that his pay, on promotion, be fixed from the date when he gets next increment, in the pay-scale of the post from which he has been promoted. 7. In view of the abovestated position, especially the facts that the petitioner had exercised the option, within time, as also the fact that his adhoc promotion was followed by regular promotion, vide Order dated 31st October, 1994, copy Annexure A-5, writ petition is allowed and the respondents are directed to fix the pay of the petitioner, in the higher post of Head Master, from …4… 1st August, 1987 when he earned an increment in the pay- scale of the post from which he had been promoted, and arrears be also paid, after fixation, in accordance with the aforesaid direction. Direction is ordered to be complied with within three months, from the date of this order. Writ petition stands disposed of. May 13, 2011(sd) ( Surjit Singh ), J