IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 3184/2008 (OA 855/96) Date of Decision : March 31, 2009 Sh. Krishan Chand and another. Petitioners Versus Himachal Pradesh State Electricity Board. Respondent Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioners : Mr. B.S. Ranjan, Advocate, for the petitioners. For the respondent : Mr. Shashi Shirshoo, Advocate, for the respondent. Sanjay Karol, J. (Oral) The petitioner has prayed for the following reliefs: (i) Direct the respondent to quash the seniority list Annexure-PD. (ii) Direct the respondent to draw fresh seniority list of the category of petitioners. (iii) Direct the respondent to place the applicants at appropriate place in the seniority list on the basis of their seniority to be counted from the date of their joining as Munshi in the equivalent pay scale. (iv) Direct the respondent to allow every consequential benefit to the applicants for which they will be entitled 1 Whether reports of Local Papers may be allowed to see the judgment? 2 in case they are placed at the appropriate place in the seniority list. (v) Direct the respondent to produce the service records of the applicants. (vi) Direct the respondent to place applicants above all those persons who have joined after the applicants in Annexure-PD. (vii) Direct the respondent to allow the applicants all the consequential benefits including payment of arrears in case such benefits shall be accruing after the placement of the petitioner at appropriate place in the seniority list. Petitioner No. 1 was appointed on 22.2.1986 as Store Munshi and petitioner No. 2 was appointed on 20.2.1986 as Store Munshi on work charge basis. Their services were regularised w.e.f. 22.2.1986 and 4.3.1987, respectively. Same is evident from Annexure P-A. Both the petitioners being matriculate were awarded the pay scale of Rs. 110-250. The said post of Store Munshi was abolished and vide order dated 15.9.1994 (Annexure P-C) it was redesignated as Assistant Store Keeper in the pay scale of Rs. 950-1800. Thereafter combined seniority list dated 26.11.1994 (Annexure P-D) was issued by the respondent showing the petitioners to be at the bottom of the seniority list at serial numbers 178 and 180. It is their grievance that while determining the seniority, the benefit of their past service as Store Munshi was not accorded to them and Shri Ram Chand, Shri Roshan Lal and Shri Mohammad Nasir, being non-matriculates and thus ineligible, yet wrongly promoted as Assistant Store Keepers 3 and assigned higher seniority and kept at serial Nos. 88, 89 and 90 respectively in the seniority list. The appointment/promotion to the post of Assistant Store Keeper is governed by the Regulations framed by the respondent (Annexure R-AI/Annexure PB). It is alleged that the foresaid persons were not matriculates hence they could not have been promoted as Assistant Store Keeper over and above the petitioners particularly when petitioners were eligible for having been promoted as such. In any event they could not have been assigned higher seniority. The relevant provision of the regulations are as under: Sl. No. Name of Post Education and other qualification for D/Recruitment. 1. Store Munshi Middle pass for SC/ST. Matric for others. 2. A.S.K. -do- Sl. No. Method of Recruitment/ Whether by direct Recruitment or promotion or by deputation % of the vacancies to be filled by various methods. In case of recruitment by P/DEP. Tr./Grade from which promotion/Dep. Transfer to be made. 1. i) 50% by Direct Recruitment ii) 50% by Promotion By promotion amongst S/Peon/Jamadars having education qualification as Middle pass. 2. i) 80% by D/Recruitment ii) 20% by promotion By promotion from/amongst S/Munshies. i) Matric or its Eql. 3 Years Regular Service ii) Middle Pass. Respondents, in their reply have clarified that the aforesaid persons were not only fully eligible but in fact stood promoted prior 4 to the petitioners’ promotion as Assistant Store Keeper. They were promoted in the year February, 1987 whereas the post which the petitioners’ were holding as Store Munshi was redesignated as Assistant Store Keeper only w.e.f. 15.9.1994. The post of Assistant Store Keeper is to be filled up both as direct recruitment and by promotion. The eligibility condition that the candidate must be a matriculate, other than Scheduled Caste and Scheduled Tribe who should be middle pass, is applicable only to the posts to be filled up by direct recruitment. However, for quota (20%) fixed for promotion, there is no such stipulation and the only criteria laid down is that the Store Munshi should either be Matriculate or its equivalent with three years regular service/middle pass. In this view of the matter respondent’s action in not only promoting the aforesaid persons but also keeping them higher in the seniority list cannot be faulted. Petitioners legally enforceably right has not been violated hence no relief can be allowed. For the aforesaid reasons present petition is dismissed. (Sanjay Karol), Judge. March 31, 2009 (PK)