IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 2171 of 2008, Decided on: 18.04.2009. Kewal Krishan. .… … … Petitioner. Versus State of H.P. and Others. … … … Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?No.1 For the petitioner: Mr. V.D. Khidta, Advocate. For the respondents: Mr. R.K. Sharma, Senior Additional Advocate General with Mr. Vikas Rathore, Deputy Advocate General. Rajiv Sharma, Judge (Oral): The petitioner was appointed as Octroi Moharrir on 30.9.1972 in the Marketing Committee, Una. The State has taken a decision on 5.4.1982 to abolish the Octroi and absorption of Octroi staff of the Urban Local Bodies. The case of the petitioner was also recommended by the Deputy Commissioner, Una on 12.5.1982. However, the petitioner was appointed vide office order, dated 22.6.1982 against the temporary post of clerk in the pay scale of Rs.400-600. He made several representations to the respondents, seeking appointment as Excise and Taxation Inspector Whether reporters of local papers may be allowed to see the judgment?No. - 2 - in the pay scale of Rs.570-1080. The same was rejected by the competent authority, vide Annexure P-10 on 1.2.1993. Mr. V.D. Khidta, Advocate has strenuously argued that the petitioner ought to have been appointed as Excise and Taxation Inspector in the pay scale of Rs.570-1080 and not as a clerk in the pay scale of Rs.400-600. He has relied upon case of one Shri Ajit Singh, who was absorbed as Sub Inspector in the pay scale of Rs.450-800 w.e.f. 31.8.1982. Mr. R.K. Sharma, learned Senior Additional Advocate General has argued that the petitioner was working as Octroi Moharrir in the pay scale of Rs.400-600 and he was absorbed pursuant to letter dated 12.5.1982 in the same pay scale. According to him the petitioner cannot seek any assistance on the basis of recommendation made by the Deputy Commissioner, Una, vide Annexure P-2, dated 12.5.1982. I have heard learned counsel for the parties and gone through the record carefully. It is not in dispute that the petitioner was working as Octroi Moharrir since 30.9.1972. He was in the pay scale of Rs.400-600. The decision has been taken by the State Government to abolish the Octroi and to absorb the staff in various departments of the State Government. In sequel thereto the petitioner was offered appointment letter as clerk in the pay scale of Rs.400-600. Since the petitioner was working as a clerk, Moharrir he could only be absorbed against the post of clerk in the same pay scale. As far as Ajit Singh’s case is concerned, he was working Senior Clerk in the pay scale of Rs.510-800 and in fact he was absorbed in the lower pay scale of Rs.450-800 w.e.f. 31.8.1982 as Sub Inspector. - 3 - Mr. V.D. Khidta, Advocate has further submitted that his client should be considered for the post of Inspector as per Recruitment and Promotion Rules. The petitioner has not laid any foundation in the pleadings for this relief. Consequently, there is no merit in the present petition and the same is dismissed. No costs. April 18, 2009. (Rajiv Sharma) (rkv). Judge. - 4 -