IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No.9418 of 2008 Date of decision: 6.1.2011 ________________________________________________________ Sanjay Kumar & ors. ….. Petitioners Versus State of H.P & anr. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting ? No For the petitioners: Mr.Bhuvnesh Sharma, Advocate. For the respondents: Mr.Vivek Singh Thakur, Addl.A.G with Mr.Rajesh Mandhotra, Dy.A.G for the respondents-State. _____________________________________________________ Deepak Gupta, J.(Oral) By means of this writ petition, the petitioners who are initially working in a privately managed college, i.e., S.D.College, Sujanpur Tehra have claimed that they are entitled to the pay scale payable to Senior Clerks. It is not disputed that as per Policy, Annexure A/3 issued on 25.8.1994 when the management of a 2 private college was taken over, the services of the Clerks who had put in more than 9 years of service would be taken over as Junior Assistants and those who had put in 5 to 9 years of service as Senior Clerks and those who had less than 5 years of service as Clerks. It is also not disputed that the petitioners had put in six years of service in 2001 when the college was taken over. The petitioners, on this basis, claimed that they are entitled to the pay scale of Senior Clerk. The stand of the State is that the post of Senior Clerk ceased to exist w.e.f. 1.1.1996. Alongwith the rejoinder, the petitioners have filed a notification dated 1.9.1998 issued by the State Government wherein, in the column of ministerial staff as against Clerks, three scales are given for the Clerks, Senior Clerks and Junior Assistants. On this basis, it is urged that the petitioners are entitled to the scale which is payable to the Senior Clerks. On the other hand, Sh.Vivek Singh Thakur, learned Additional Advocate General has drawn my 3 attention to the note in the notification itself which is just below the column of Clerks reads as follows:- “The designation and the revised equivalent of the unrevised pay scale of officials working as Senior Clerks and Junior Assistant, as on 1st January, 1995, shall be protected as a measure personal to them. (For future, the total number of posts of Clerk including Senior Clerk and Junior Assistant in a cadre existing on 1st January, 1996 shall be divided into the posts of Clerk in the scale of Rs.3120-5160 and Junior Assistant in the scale of Rs.4400-7000 in the ratio of 50:50. The new posts of Junior Assistant shall be created on the basis of actual requirements.” A bare perusal of this note shows that w.e.f. 1.1.1996, the post of Senior clerks actually ceased to exist and the cadre was divided into two categories, i.e., Clerks and Junior Assistants. The scale of Senior Clerks was meant to be personal to the persons who had already been appointed as Senior Clerks prior to 1.1.1996. Admittedly, the petitioners were not Senior Clerks as on 1.1.1996. Since the petitioners had only put in one or two years of service till that date, they are not entitled to any relief. 4 In view of the above stated position, there is no merit in the writ petition which is accordingly rejected. No order as to costs. January 6, 2011 ( Deepak Gupta ) (m) Judge