IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No.3678 of 2008(OA(D) No.119/96 Judgment Reserved on: 9.7.2009 Date of decision: 29.7.2009 Rajinder Kumar …….Petitioner Vs. State of H.P. and Ors. ....….Respondents Coram: The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No ------------------------------------------------------------------------------------------- For the Petitioner : Mr. Rakesh Jaswal, Advocate For the Respondents : Mr. Anshul Bansal, Addl. Advocate General with Mr. R.P. Singh, Assistant Advocate General. Kuldip Singh, Judge OA(D)No.119 of 1996 which was filed in Himachal Pradesh Administrative Tribunal on transfer to this court after abolition of the Tribunal has been registered as CWP(T) No.3678 of 2008 in this Court . 2. The learned counsel for the petitioner has confined his submissions only with regard to reliefs (i), (ii) and (iv) prayed in the petition which are as follows:- Whether the reporters of the local papers may be allowed to see the Judgment? Yes 2 (i) that applicant’s designation be recadred as Store Keeper (as per Annexure ‘E” not implemented) from the date of appointment and seniority and other benefits such as scale of pay as permissible to Class III employees be given i.e. 510-800 grade from 1.1.1978 and Rs.1500-2640 grade w.e.f. 1.1.1986. (ii) that the post of Store Keeper/Store Munshi be encadred with the posts of Senior Clerk in the scale of Rs.510-800 as per notification dated 12.12.1979 ( Annexure ‘D’), being a specialized post. (iv) that the applicant be given the consequent benefits regarding enhanced pay in the scale of Rs.1800-3200 and other permissible benefits, w.e.f. 2.7.1994. 3. The brief facts of the case in the context of aforesaid reliefs are that the petitioner was appointed as work charged store munshi vide memo dated 25.6.1974 Annexure-A, in the pay scale of Rs.90-140. The petitioner was confirmed vide office order dated 29.8.1977 Annexure-C. The store munchi was placed in the pay scale of Rs.110-200 instead of Rs.90-140 vide corrigendum dated 20.5.1978 Annexure-B. The petitioner has pleaded that at the time of filing of the petition he was in the pay scale of Rs.510-800. 4. The further case of the petitioner is that vide office memorandum dated 12.12.1979 Annexure-D, the existing cadre of clerks as on 1.1.1978 was divided into 50:50 by re-designating them as clerks and senior clerks in the pay scale of Rs.400-600 and 510- 800 respectively. The posts of Sub Divisional Clerks in the Public Works Department, Bill Clerks, Account Clerks and Store Keepers in the various departments in the unrevised scale of Rs.110-250 were 3 encadred with the posts of Clerks. This benefit was however not given to Store Keepers/Store Munshi in accordance with office memo dated 12.12.1979. The petitioner is entitled to be fixed in the grade of Rs.510-800 as senior grade clerk from 1.1.1978. The pay scale of store keeper/store munshi is the same and their duties are also identical. 5. The Government of Himachal Pradesh vide notification dated 6.4.1995 Annexure-E had clubbed store clerks/store munshi and store keepers in one category. The State of Himachal Pradesh vide notification dated 28.5.1992 Annexure-I, amended the Himachal Pradesh Class III ( Clerks/Steno-typists ) rules and ordered revision of scales to the clerks in the grade of 950-1800, basic entry scale with an initial start of Rs.1000 and Rs.1200-2100 for senior clerks. The petitioner on completion of 10 years service was entitled to pay scale of Rs.1500-2640 w.e.f. 1.1.1978. The petitioner had submitted his representation dated 28.1.1995 but to no avail. The petitioner cannot be allowed to stagnate at one post. 6. The respondents have contested the petition by filing reply and have taken the preliminary objections of maintainability, lack of cause of action, on merits it has been admitted that petitioner was appointed as work charged store munshi and he joined as such on 25.6.1974. The office memo dated 12.12.1979 is applicable to regular establishment of the H.P. Govt. Department and not for the work charged and work charged brought on regular basis. The contention of the petitioner to allow the senior scale of Rs.510-800 w.e.f. 1.1.1978 and Rs.1500-2640 w.e.f. 1.1.1986 is not tenable. A proposal was sent to Secretary (PWD) to the govt. of Himachal 4 Pradesh vide letter dated 6.8.1996 for allowing the senior scale of Rs.510-800 to the motor works clerk and store clerks at the ratio of 50:50 to the work charged and work charged brought on regular cadre on the cadre of ministerial establishment by clubbing the cadre of work charged. This proposal was not accepted by the Govt. The Deputy Secretary, Public Works Department to the Govt. of Himachal Pradesh vide letter dated 31.1.1987 however decided that senior scale be allowed to them in the ratio of 50:50 on the cadre strength of the work charged, water works clerks/store clerks. The decision dated 31.1.1987 could not be implemented as Govt. vide letter dated 20.9.1993 turned down the proposal as the same was not in consonance with Punjab Pattern. 7. The instructions issued by the Government of Himachal Pradesh Department of Personnel vide notification dated 28.5.1992 with regard to release of pay scale Rs.1500-2640 w.e.f. 1.1.1986 after completing 10 years of service is only applicable to regular establishment of Himachal Pradesh Govt. Departments and not for the work charged and work charged brought on regular establishment. Therefore, the petitioner is not entitled to the pay scale of Rs.1500-2640 w.e.f. 1.1.1986. The petitioner filed rejoinder in which he has reiterated his case. 8. Heard and perused the record. The petitioner was appointed as store munshi on work charged post on 25.6.1974 in the pay scale of Rs.90-140. The petitioner was confirmed on 29.8.1977 vide Annexure-C . As per corrigendum dated 20.5.1978 store munshi was put in the scale of Rs.110-200 instead of Rs.90- 140 . The case of the petitioner is that posts of Sub Divisional 5 Clerks in the Public Works Department and the posts of Bill clerks, Account Clerks and Store Keepers in the various Departments in the unrevised scale of Rs.110-250 should be encadred with the post of Clerks and that those specialized posts be manned by senior clerks as provided in office memorandum dated 12.12.1979 Annexure-D. The benefit of notification dated 12.12.1979 is not available to the petitioner for the reasons that petitioner was not store keeper nor he was in the unrevised scale of Rs.110-250. The petitioner was appointed store munshi on 25.6.1974 and not as store keeper. It is different matter that petitioner has also projected the case that there is no difference between store munshi and store keeper. The fact cannot be ignored that in office memorandum dated 12.12.1979 only the store keepers in the unrevised scales of pay Rs.110-250 were encadred with the post of clerks with further stipulation that those specialized posts be manned by senior clerks. It is not the case of petitioner that Annexure-D dated 12.12.1979 is discriminatory, arbitrary for not including the category of store munshi for giving them also the benefit as given to store keepers in the notification dated 12.12.1979. No prayer has been made for quashing memo dated 12.12.1979 to that extent and mandamus to give benefit of memo dated 12.12.1979 to erstwhile store munshis also. The memo dated 12.12.1979 provides encadrement of store keepers with the clerks. The petitioner was admittedly appointed store munshi having the pay scale of Rs.110-200 and not in the pay scale of Rs.110-250. 9. The store clerks, store munshi, and store keepers were separate categories till 6.4.1995 when vide notification Annexure-E 6 these categories were clubbed and given the nomenclature of store clerks in the pay scale of Rs.950-1800. On 5.5.1995, Recruitment and Promotion Rules for the post of store clerks, work charged/work charged brought on regular cadre in the Department Public Works, Himachal Pradesh were notified. The perusal of said rules indicate that store clerks, store munshi and store keepers were collectively given the nomenclature of store clerk and as per said rules the store clerks were placed in the pay scale of Rs.950-1800. There is nothing in the said rules that the post of store clerk is to be divided in the ratio of 50:50 as provided in office memorandum dated 12.12.1979 Annexure-D. The service conditions of the store clerks are regulated by recruitment and promotion rules notified on 5.5.1995. The petitioner is already in the pay scale of Rs.510-800 but he is not entitled to pay scale of senior clerk w.e.f. 1.1.1978 and of Rs.1500-2640 w.e.f. 1.1.1986. 10. The petitioner has also claimed Rs.1800-3200 scale w.e.f. 2.7.1994. This claim of the petitioner is based upon his pleadings in para -6(v) of the petition wherein he has pleaded that Government of Himachal Public Works Department had issued office order dated 2.7.1994 promoting some Surveyors, Road Supervisor, Work Inspectors and Work Mistries to the post of Junior engineers (Civil) in the pay scale of Rs.1800-3200. He has pleaded that he was also in the same scale and therefore was entitled to be considered for promotion as Junior Engineer. In prayer No.(iii) of the petition, the petitioner has prayed that promotion avenues such as Junior Engineer, be provided to store keepers/store munshis by either creating a common cadre of class-III category or as may be 7 just keeping in view the length of service and other merits of store keepers/store munshis. This prayer was not pressed at the time of hearing of the petition as noticed above. Therefore, the petitioner is not entitled to pay scale of Rs.1800-3200 from 2.7.1994 or from any other date which was given to some Surveyors, Road Supervisors, Work Inspectors and Work Mistries on their promotion as junior engineers vide office order dated 2.7.1994 Annexure-G. The petitioner has failed to make out any case for any relief. Hence, petition is dismissed. No costs. ( Kuldip Singh ) Judge. July 29, 2009 (sks)