IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 4933/2010 with CWPs(T) 13691, 13692,13693, 13694, 13695, 13696, 13697, 13698, 13700,13701 and 13702 of 2008. Decided on: 2nd December, 2010. 1. CWP No. 4933 of 2010. Leela Dutt. Vs. H.P.SEB & others. 2. CWP (T) 13691 of 2008. Shambu Lal. Vs. H.P.SEB & others. 3. CWP (T) 13692 of 2008. Narain Singh. Vs. H.P.SEB & anr. 4. CWP (T) 13693 of 2008. Rajesh Kumar. Vs. H.P.SEB & others. 5. CWP (T) 13694 of 2008. Mohinder Singh. Vs. H.P.SEB & others. 6. CWP (T) 13695 of 2008. Ram Dyal. Vs. H.P.SEB & anr. 7. CWP (T) 13696 of 2008. Laiq Ram. Vs. H.P.SEB & anr. 8. CWP (T) 13697 of 2008. Ram Krishan. Vs. H.P.SEB & anr. 9. CWP (T) 13698 of 2008. Laxmi Nand. Vs. H.P.SEB & anr. 10. CWP (T) 13700 of 2008. Gopi Chand. Vs. H.P.SEB & others. 11. CWP (T) 13701 of 2008. Dev Kumar. Vs. H.P.SEB & anr. 12. CWP (T) 13702 of 2008. Desh Raj. Vs. H.P.SEB & others. 2 Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioners : Mr. Hamender Chandel, Advocate. For the Respondents : Ms. Anjula Khajuria, Advocate. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioners in these writ petitions are aggrieved since they are not regularized in the posts of Sub Station Attendant (SSA) in Rampur circle w.e.f. the date of ad hoc promotion, namely, 31.12.1999. The petitioners apprehend that their due and regular promotion is delayed or denied on account of transfer of SSAs from other circle. Learned counsel for the respondent-Board submits that there are no vacancies to provide them regular promotion. It will be profitable to extract the stand taken by the Board in the reply: “The promotions against promotional quota are subject to availability of promotional quota posts in the cadre. The promotional quota posts of SSAs were not vacant during 1999 and due to ban on direct recruitment, the respondent Board had taken a decision vide letter dated 6.12.99 (Annexure RA III) for filling up posts of Sub-Station Attendant falling to the share of direct recruitment quota from amongst the Helper (S/Stn.) having four years of service purely on ad hoc basis in Operation Circle, Rampur. Accordingly, the petitioner has been promoted as Sub-Station Attendant purely on ad hoc basis after putting about 10 years service along with 15 Nos. similarly situated officials in Operation Circle, Rampur against direct recruitment 3 quota posts in the pay scale of Rs.4600-7250 vide order dated 31.12.99 (Annexure RA-IV) with the stipulation that ad hoc promotion will not confer upon him any right of seniority in the grade of SSA (Regular). As per existing R&P Regulations (Annexure RA-II), the post of SSA is Circle level cadre post and are filled up in the ratio of 30% by direct recruitment, 60% by promotion from non ITI holder Helper (S/Stn.) & 10% by promotion from ITI holder Helper (S/Stn.). The petitioner is non ITI holder Helper (S/Stn.) and he will be considered for regular promotion on availability of vacancy under 60% promotional quota posts meant for non-ITI holders. At present no posts of 60% promotional quota of Sub Station Attendant are vacant in Operation Circle, Rampur against which service of the petitioner can be regularized, however, his services will be regularized as and when promotional quota posts of SSAs become available under Operation Circle, Rampur. The petitioner is enjoining full benefits of SSA (Regular) and his period of ad hoc services will count towards next promotional criteria as well as retiral benefits. It is further submitted that the cadre of SSAs is Circle level cadre and they are not transferred generally from one Circle to other in view of seniority is maintained at Circle level. But they can be transferred by forfeiting seniority in the present Circle and dovetailing the same in the corresponding Circle as per the decision of respondent Board dated 19.1.76 (Annexure RA-V). Accordingly, four Nos. SSAs have joined in Operation Circle, Rampur by forfeiting their seniority in the present Circle and dovetailing the same in Operation Circle, Rampur against vacancies which could not be denied by the respondent Board. Moreover the petitioner is Matriculate and possessing no ITI certificate in the respective trade, therefore, his service could not be regularized against the direct recruitment quota posts. Thus being so, the petitioner have no claim whatsoever for regularization from the 4 date of ad hoc promotion/seniority for ad hoc service period and as such the instant writ petition is not maintainable and deserves outright dismissal.” 2. The reply is vague and evasive as far as certain aspects are concerned. Be that as it may, even going by the reply, the following facts are admitted by the Board: 1. The petitioners are entitled to claim promotion against 60% of the 70% posts in the circle as SSAs. 2. The Board has no objection in regularizing them, subject to availability of vacancies in the quota reserved for their promotion. 3. The petitioners without any objection are enjoying the benefit of regular SSAs and that their ad hoc period of service will be counted towards the next promotion as well as retirement benefits. 4. SSA is a circle level cadre; however inter circle transfer is permitted, provided that the transferee foregoes the seniority and joins as junior most in the transferred circle. 3. But it has to be seen that the transfer of an SSA in these cases from other Circle to Rampur Circle of regular SSAs is permissible only against the respective quota. In other words, an SSA from another Circle if has been appointed in that Circle on promotion from the Helpers quota, he can be transferred to Rampur circle only against available vacancy in the Helper quota. Only a direct recruited SSA from another Circle can be posted against the 5 vacancy reserved for direct recruits in Rampur Circle. In other words, the vacancy in the post of SSA in the promotional quota of Helpers cannot be filled up by a direct recruited SSA from other Circle. Still further it is clarified that such inter circle transfer in the cadre of Helper would be permissible only if there are vacancies in the respective quota in Rampur Circle. Therefore, in case an SSA from the Helper quota promoted to that cadre in another Circle has been transferred to Rampur Circle, necessarily it would mean that there were vacancies in Rampur Circle in that quota. If there are vacancies, the ad hoc promotees are to be adjusted first against the vacancies in the respective quota. 4. Once a quota is prescribed in the R&P Rules, it has to be worked out against the cadre strength only. Therefore, as per the R&P Rules, 30% of SSAs in Rampur Circle are to be recruited from the open market, 70% by promotion and 60% of the 70% from the category of Helpers. No qualification is prescribed in the matter of promotion of Helpers, as far as 60% is concerned. All the petitioners belong to 60% category. Therefore, these writ petitions are disposed of as follows: (1) There will be a direction to the respondents to see whether 60% of the 70% vacancies in the cadre of SSAs in Rampur Circle are filled up from among the Helpers. If not, steps shall be taken to fill up those posts by promotion from among the Helpers. In the process, the petitioners shall be considered for regular promotion, in view of the stand already taken by 6 the Board that they would be entitled to all the benefits as regular employees with effect from the date of their promotion. There shall be no inter circle transfer against the vacancies available in the 60% quota of helpers until the ad hoc promotees are regularized. (2) This exercise shall be completed within a period of four months from the date of production of a copy of this judgment. (3) In view of the stand taken in the reply, in case any steps are taken for promotion to the posts of Junior Engineer, the petitioners shall also be considered, if they are otherwise eligible, ignoring the only objection of being ad hoc promotees, in the cadre of SSAs in the light of the stand in the reply. 5. All the writ petitions are disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 2nd December, 2010 ( Justice V.K. Sharma), (tr) Judge.