IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No.: 4832 2008 Date of decision: 10.8.2010 Parshinda Ram and others … Petitioners. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioners: Mr.Bhuvnesh Sharma, Advocate. For the respondents: Mr. Vivek Singh Thakur, Addl.A.G Deepak Gupta, J. (Oral) 1. The petitioners by means of this petition have prayed that they be given the benefit of FR.22(I) (a)(I) and be granted two increments each firstly, on their promotion as Process Server and secondly, on their promotion as Daftri/Jamadar/Clerk. 2. The undisputed facts are that the petitioner No.1 Parshinda Ram was appointed as Poen on 7.1.1975, petitioner No.2 Chuni Lal on 29.12.1977, petitioner No.3 Ramesh Kumar on 15.10.1977 and petitioner No.4 Kashmir Singh on 27.12.1980. They were all placed in the post of Process Server, which is the next higher post, on 1.9.1988. This was done 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. 2 pursuant to some government notification dated 5.6.1987. The petitioners claim that in terms of the fundament rule FR.22(I) (a)(I) they were entitled to grant of two increments. This benefit have been denied to them by the State on the ground that at the relevant time no Recruitment and Promotion Rules for filling up the posts of Process Server had been framed and the petitioners were only re- designated and not promoted as process server. The matter was examined by the Finance Department and it was found that for this reason this amount is not payable to them. In addition to the above, I find that admittedly, the petitioners were appointed/promoted as Process Server in the year 1988 and the petition in question has been filed in the year 1998 after they had even been promoted to the next higher post. Therefore, at this belated stage they cannot claim benefit in respect of the first promotion even if it be considered as promotion to the post of Process Server. 3. Out of the four petitioners, Petitioner No.4 was promoted as Clerk and from the reply it is apparent that the benefit of FR.22(I)(a)(I) has been 3 given to him. In respect of petitioners No. 1 to 3 the stand of the State is that they were promoted to the post of Jamadar/Daftri, the scale of which is identical to the scale of Process Server and therefore, they were not entitled to such benefit. It would be pertinent to mention that vide O.M. No. 5th August, 1989 benefit of FR 22(C) which corresponds to FR.22(I)(a)(I) was given to even those employees who were promoted in the identical scale of pay. This was later withdrawn vide O.A. No.29th August, 1990. However, on 31st October, 1991, the Governor of Himachal Pradesh was again pleased to reconsider the matter and directed that in any promotion made after 1.1.1986 the benefit of the fundamental rule would be available even if promoted in the identical scale of pay. The only caveat was that this benefit would be available only once. Relevant portion of O.M dated 31st October, 1991 reads as follows:- “2. On reconsideration of the matter and in relaxation of the provision to the contrary, if any, under the Fundamental Rules and the H.P. Civil Services (Revised pay) Rules, 1988, the Governor, Himachal Pradesh is pleased to order to restore decision as contained in O. M. dated 5.8.1989 referred to above with 4 the condition that where the event of promotion after 1.1.1986 till the date of revision of pay scales of these posts has taken place more than once, the benefit of F.R.22(C) will be available only once.” 4. In view of the clear cut provisions of O.M. dated 31st October, 1991 quoted here-in-above the petitioner No. 1 to 3 cannot be denied the benefit of old fundamental rule 22(C) corresponding to FR.22(I) (a)(I) and they are legally entitled to such benefit. 5. In view of the above discussion, the writ petition is partly allowed and the petitioners No. 1 to 3 are held entitled to the benefit under old fundamental rule 22(C) new FR.22(I)(a)(I) in respect of their promotion to the post of Jamadar/Daftri. The arrears payable to the petitioners be worked out and paid to them alongwith interest @ 6% per annum on or before 15th December, 2010. In case, this amount is not paid till the said date, the respondent-State shall be liable to pay the interest @ 12 %. The petitioners are not entitled to any of the other reliefs claimed. 10th August, 2010 ( Deepak Gupta ) ™ Judge.