1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 9112 of 2008 . Date of decision: 22.3.2011 ________________________________________________________________ Punjab Chand ......Petitioner. Versus State of H. P. and others. ......Respondents Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: Mr. Ranjan Sharma, Advocate. For the respondents : Mr. Anil Jaswal, Dy. Advocate General. Justice V.K. Sharma, J. (Oral). The petition has been filed on the following prayers vide para 7 (i) to (v) :- “i) That the orders of rejection dated 3.3.2002 vide Annexure A-18, may kindly be quashed and set aside.. ii) That the Respondents may be directed to fix the pay of the applicant as Extension Officer (Industries) in the re-vised scale of Rs.1640/50-2925 since his joining on 24.10.1988 and the re-revised scale of 5480-8925 w.e.f. 1.1.1996, instead of the pay fixation given in the lower scale forthwith. iii) That the Respondents may bedirected to 1 Whether reporters of Local Papers may be allowed to see the judgment? No. 2 give the arrears of pay-fixation to the application in the scale of 1640/50-2925 and 5480-8025 alongwith interest @ 18% per annum w.e.f. 24.10.1988 till day. iv) That the respondents may be directed to hold a review DPC tro consider and to promote the applicant who is an Extension Officer ( Industries) to the higher promotional post of Economic Investigator w.e.f. the date the Respondent No.3-junior was promoted with all consequential benefits like arrears and seniority, in order to give effect to the deemed seniority assigned to the applicant on 1.5.1995 (A-7) as per Rule 5(1) of the Demobilized Rules forthwith. v) In the alternative, The Respondents may be directed to consider and promote the applicant as Administrative Officer from the date the junior were promoted with all consequential benefits and any other relief(s) including cost may also be granted.” 2. In reply on behalf of the respondents the following stand has been taken by way of preliminary submissions and paras 3 (i) & (ii) and 6(ii) & 6 (vii) :- “Preliminary submissions:. The applicant in the present O.A. has prayed for pay fixation in the pay scale of Extension Officer (Industries) since his joining on 24.10.1988 & for the quashing of the rejection orders dated 3.3.2002. In view of the representations made by the applicant on the issue, the replying respondents have reviewed the case of the 3 applicant. Based on a review of the case the respondents have agreed to grant the benefit of fixation of pay in the pay scale of the post of Extension Officer (Industries) as per decision contained in letter No. Ind-B(E)3-2/2002 dated 28.8.2002. It has been decided that since Sh. Punjab Chand Chandel was recruited against the post of Extension Officer (Industries) and he was deployed on the post of Manager (Industrial Area),k therefore, Sh. Punjab Chand Chandel is eligible for the benefits of the post of Extension Officer (Industries). Since the major relief sought by the applicant in the O.A. viz fixation of pay in the pay scale of Extension Officer (Industries) has been acceded to by the Respondents, it is prayed that the cause for the O.A. no longer stands and it may be dismissed. 3(i)&(ii). The case has been reviewed and the replying respondents have agreed to grant the benefits of the fixation of the pay in pay scale of the post of Extension Officer (Industries) to the applicant as admissible. The benefit of promotion in the cadre of Extension Officer ( Industries) to post of Economic Investigator has already been allowed since the applicant stands promoted as Economic Investigator on ad hoc basis w.e.f. 15.5.1995 and later on regular basis w.e.f. 12.6.1998. Hence the applicant has no locus -standi to press the case and continue with it. 6(ii). On the recommendations of the Secretary, State Selection Committee & Sub Regional Employment Officer (Ex-Servicemen Cell), Shimla-1 Sh. Punjab Chand, s/o Sh. Dhani am the applicant was given appointment of the post of 4 Extension Officer (Industries)/Manager (Industrial Area), Chamba in the pay scale of Rs. 570-1080 vide memo No.3-1/67-Ind-I(Esttt.) dated 11.10.1998 (Annexure A-1). A copy of this order was endorsed to General Manager, District Industries Centre, Chamba with the direction to post him as Manager (Industrial Area), Chamba. The applicant joined duty as such on 24.10.1988 in the office of General Manager District Industries Centre, Chamba. 6(vii). The applicant was included in the seniority listof Extension Officer (Industries) as per position on 30.6.1990, irrespective of the position that the official was working in a separate cadre as Manager (Industrial Area) in anticipation of Government approval on this office proposal which was submitted to Commissioner-cum- Secretary (Industries) vide letter No. 16-3/69- IND-I(Estt.) dated 6.5.1988 (Annexure R-1). The proposal suggested that Manager (Industrial Area) were in the same pay scale of Extension Officer (Industries) having same prescribed qualification standard and nature of duties. Thus on this analogy the posts of Manager (Industrial Area) were proposed to be merged in the cadre of Extension Officer ( Industries). As stated earlier under para 6(iv) the pay scales of posts of Extension Officer (Industries) and Manager (Industrial Area) were earlier the same viz 570-1080.” 3. Rejoinder refuting the above stand on behalf of the respondents and reiterating the averments set up in the petition has 5 been filed. 4. In view of the above reply, in case the petitioner still has any surviving grievance, he shall be free to make a representation along with copy of this judgment to the respondents/competent authority within one month from today, who shall consider the same and take a final decision in the matter within next three months in accordance with law, after affording an opportunity of being heard to the petitioner, if so desired. 5. The petition stands disposed of, so also pending CMP(s), if any. (V.K. Sharma) Judge 22nd March, 2011. (jai)