IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Civil Writ Petition No.561 of 2001. Date of decision: 06.06.2008. K.S. Negi ….Petitioner Versus Union of India and Another ….Respondents Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 For the Petitioner: Mr.Rajnish Maniktala, Advocate. For the Respondents: Mr.Ravinder Thakur, Central Government Counsel. Dev Darshan Sud,J. This writ petition has been filed by the petitioner praying for fixation of his pay scale in the scale of Regional Coordinator as Rs.10000-325- 15200/- and thereafter in the post of Zonal Director in the scale of Rs.12000-375-16500/- with all consequential benefits and a further direction of interest at the rate of 18% per annum. The facts undisputed before me are that the petitioner joined the Nehru Yuva Kendra Sangathan as District Youth Coordinator in the pay scale of Rs.8000-275-13500/- with his basic pay of Rs.12,125/-. 1 Whether the reporters of Local Papers may be allowed to see the judgement? 2 On 18.6.1999, he was promoted as a Regional Coordinator in the pay scale of Rs.10000-325-15200 and on 30.7.1999 further promoted as Zonal Director in the pay scale of Rs.12000-375-16500, for which post he joined on 24.8.1999. The grievance of the petitioner is that on 30th May, 2000, his pay scale was fixed at Rs.12,750/-, whereas he was drawing basic pay of Rs.12,125/- as District Youth Coordinator. He made a representation (Annexure P-1) on 1.5.2001 stating therein the facts about his promotion etc. He has made a grievance that he was not given pay scale of Regional Coordinator. He was being paid the pay scale for the post of District Youth Coordinator. His grievance has not been redressed and therefore, he was compelled to approach the Court. In reply to the writ petition, the dates of promotion and the pay scales are not disputed. The respondents have submitted that since the petitioner was not promoted to the post of Zonal Director from the post of Regional Coordinator, his pay scale has been down graded. The Recruitment and Promotion Rules filed with the petition as Annexure P-6, show that the promotion of Zonal Director is 100% by promotion by selection. The eligibility is either as a Regional Coordinator or Deputy Director with 5 years regular service in the grade or Youth Coordinator / Additional 3 Director with service of ten years as Youth Coordinator or Additional Director etc. Admittedly, the petitioner had not put in 5 years of service as a Regional Coordinator. It is also not disputed that he has put in more than ten years service as Youth Coordinator and therefore, is eligible for the promotion to this post. The ground taken by the respondent that he should have put in five years as Regional Coordinator is not tenable and therefore deserves to be rejected. It is by now well settled that in case of pay fixation where an employee is promoted to a post carrying greater duties and responsibilities, than those attached to the post actually held by him in a substantive, temporary or officiating capacity on the date of his promotion or appointment, his initial pay has to be fixed taking into account his pay in the post actually held by him and there is no scope for taking into account the presumptive pay of the post which he did not hold on the date of promotion or appointment. This is in consonance with Fundamental Rules 22-(1)(a)(1). The writ petition is accordingly accepted. A direction is issued to the respondents to fix the pay scale of the petitioner in accordance with the fundamental rule 22-(1)(a)(1) and not to down grade his pay scale only on the basis that he was not promoted to the post of Zonal Director from Regional Director. The respondent shall keep in mind the principle applicable and shall 4 take an appropriate decision in accordance with law within a period of six months from today. On re- fixation of his pay, the petitioner shall be entitled to all consequential benefits. This writ petition is accordingly disposed of. There shall be no order as to costs. June 6, 2008. (Dev Darshan Sud) (aks) Judge.