IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 9382 of 2008 Decided on : 12.05.2011 Harbans Lal ..… Petitioner. Versus H.P. State Electricity Board and another …… Respondents Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr.Dhrub Shaunak, Advocate. For the Respondents : Mr. Shashi Shirshoo, Advocate. V.K. Sharma, Judge (Oral) The petition has been filed on the following prayers vide para 7(i) to (iv):- “(i) That the respondents be directed to promote the applicant as Upper Divisional Clerk w.e.f. 19-9-1994 from the date persons junior to the applicant have been promoted as such. (ii) That the respondents be directed to pay to the applicant pay scale of Rs. 1800- 3200 w.e.f. 19-9-1994, the date the persons 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 junior to the applicant have been paid the above scale. (iii) That the respondents be directed to pay to the applicant the pay scale of Rs. 1800-3200 w.e.f 19-9-94 with interest @ 18% per annum (iv) That the respondents be directed to grant to the applicant service benefits of 8 years, 16 years and 23 years to which the applicant is eligible.” 2. In reply, the respondents have taken the following stand vide relevant portion of para 1 of the preliminary submissions:- “In this context, the replying respondent submit with utmost respect that the applicant was initially appointed in the Municipal Corporation Octroi as Clerk at Nahan Distt. Sirmour. The Octroi in H.P. had been abolished by the H.P. Govt. during March, 1982 as a result of abolition of octroi and the staff employed in various Urban local bodies had become surplus and the H.P. Govt. had decided to adjust the surplus staff in various Department in H.P. as per the direction of H.P. Govt. Sh. Harbans Lal had appointed as Meter Reader by the respondent Board vide offer of appointment No. HPSEB(SECTT)/6-21/82- 8707-11 dated 7.2.1983 copy of which is placed in record as Annexure-RA-I and as such joined his duty in Elect. Division, 3 Nahan on 10.2.1983. That the qualification of the applicant is middle pass, a copy of certificate placed in record as per Annexure- RA-II. The H.P. State Electricity Board as per R & P regulation vide notification dated 29.10.1975 has made eligibility with regards appointment, promotion and confirmation of ministerial services as Matric or its equivalent . The copy of the same placed in record as Annexure-RA-III. Therefore, replying respondent submit that the applicant does not fulfil the academic qualification as Matric and applicant herein is not entitled for promotion as U.D.C. (Now Sr. Assistant) as well as other financial benefits such proficiency step up of 8 years and promotional increments on completion 23 years services. This being so OA is not maintainable and deserves dismissal.” 3. It is manifest that the claim of the petitioner for promotion as Upper Division Clerk (UDC), grant of admissible pay scales from time to time and benefit under the proficiency step-ups/Assured Career Progression Scheme (ACP), has been rejected solely on the ground that he is not a Matriculate. However, the fact remains that earlier the petitioner was in the employment of Municipal Council, Nahan, as Octroi Clerk and on abolition of octroi he was absorbed as Meter Reader in the respondent-Board in terms of memo 4 dated 5.4.1982, Annexure A-7, wherein, it is specifically stated as under vide para (c):- “For the purpose of absorption of octroi staff of the urban local bodes, full relaxation in age and qualification, keeping in view the lengthy of service and present status, has been allowed by the Government.” 4. A perusal of the above stipulation contained in para (c) of the memo. Dated 5.4.1982, Annexure A-7, makes it amply clear that staff of the erstwhile local bodies absorbed in other Govt. departments was entitled for “relaxation in age and qualification, keeping in view the length of service and present status”. Admittedly, the petitioner was earlier working as Octroi Clerk. He was absorbed in the respondent-Board as Meter Reader. As per R & P Rules notified vide notification dated 29.10.1975, Annexure RA- III, Meter Reader falls within the common cadre of LDC/MLC/Meter Reader. It is not in dispute that the next promotional post for all these categories forming part of a common cadre is that of UDC. There is no denying the fact that the petitioner is not a Matriculate, which is the minimum qualification for appointment as LDC/MLC/Meter Reader in the respondent-Board. However, again at the risk of repetition, admittedly the 5 petitioner was working as Octroi Clerk and his services were taken over as Meter Reader in the respondent-Board irrespective of the fact that he was not possessing the requisite educational qualification of Matriculation. Thus, apparently he was given benefit of the aforesaid para (c) of memo dated 5.4.1982, Annexure A-7, at the time of his absorption in the respondent-Board as Meter Reader. It being so, he could not have been denied further promotions, scales as admissible from time to time and benefit of proficiency step-ups/ACP. 5. In view of the above, the petition is allowed with a direction to respondent No.1 to consider the case of the petitioner for promotion to the post of UDC alongwith consequential benefits, if any, within three months from the date of production of copy of this judgment by the petitioner, failing which interest @ 6% per annum shall also be payable. 6. The petition as also pending CMP(s), if any, stand disposed of in the above terms. (V.K. Sharma) Judge 12th May, 2011. Lsp*