Case: State Of Himachal Pradesh &amp; Anr Vs. Union Of India &amp; Ors. Etc

same date, their seniority shall be determined by the Excise and Taxation Commissioner whose decision shall be final.17. The contention of the appellants is that under their conditions of service when they were allocated to Himachal Pradesh on the appointed date 1 November, 1966 in the former State of Punjab. In accordance with the directions of the Central Government contained in the letter dated 14 February, 1967 the appellants contend that the date of substantive appointment, viz., 1 April, 1966 is therefore to be considered for seniority as well as promotion. For promotion the appellants contended that Class III-A Punjab Rules provided three years continuous service as Inspector to be sufficient. Confirmed Inspectors. In this background the appellants contend that the seniority list wrongly shows that appellant No. 1 was placed along with the Excise Inspectors and in the other seniority list all Inspectors of Punjab were equated with Sub-Inspectors of Himachal Pradesh. Further, it is contended that Sub-Inspectors of Himachal Pradesh who were unconfirmed were made senior to the appellants.18. On behalf of the State it was contended that the employees of Himachal Pradesh could be given the same benefit of Inspectors by varying the conditions of service which were to their benefit and the sanction of the Central Government under Section 82(6) of the Act would not be required for that purpose. It is also said that the conditions of service which govern the appellants who were employees of the former State of Punjab were not varied to their disadvantage. This contention is utterly unsound. The seniority list has been prepared by giving the employees of Himachal Pradesh, the benefit of the date of upgradation as 1 April, 1966. The Government of India sanctioned the date 1 May, 1969. The State of Himachal Pradesh is not only setting at naught the direction but is giving a retrospective validation to the date of upgradation. That is a matter which changes the conditions of service of the appellants. The appellants are deprived of their continuous period of service. The appellants are deprived of their quota of promotion. The appellants were not heard with regard to equation of posts of Excise Inspectors and Taxation Inspectors. The appellants were not heard with regard to their seniority list.19. The appellants, therefore, rightly contend that the conditions of service applicable to them before the appointed day have been altered to their disadvantage without the previous approval of the Central Government. Again, if the State of Himachal Pradesh wants to equate Taxation Inspectors with Excise Inspectors the approval of the Central Government will be required because the appellants may represent their case of promotion quota under these Rules.20.The High Court correctly held that if the State Government wanted to alter the upgradation of the posts of Himachal Pradesh Sub-Inspectors with effect from 1 April, 1966, the sanction of the Central Government was to be obtained. The High Court rightly set aside the executive decision changing the date of promotion of Himachal Pradesh Sub-Inspectors from 1 May, 1969, to 1 April, 1966 and the seniority lists as well as the four promotions.21. The appellants contended that the directions given by the High Court with regard to preparation of seniority lists should be set aside. The directions given by the High Court were these. The appellants should be equated with the Inspectors of Himachal Pradesh and thereby the High Court held that all Inspectors of Himachal Pradesh should e taken as Excise and Taxation Inspectors and their cadre should be taken as joint. The second direction is that the date of continuous appointment in an equated post shall govern the seniority as provided in the letter dated 14 February, 1967 of the Central Government. The third direction is that specific approval of the Central Government is to be taken under section 82(6) of the Act is the date of promotion or upgradation from the post of Sub-Inspectors is fixed as 1 April, 1966. The fourth direction is that the Rules for promotion to the posts of Assistant Excise and Taxation Officers should be prepared and the same shall be finalised after getting the approval of the Central Government.22. The appellants main contention is that there were two distinct cadres of Inspectors in Himachal Pradesh before reorganisation, viz., one cadre of Taxation Inspectors and Sub-Inspectors and the other cadre of Excise Inspectors and Sub-Inspectors. The respondents on the other hand contended that there was one cadre in Himachal Pradesh. It was also the contention of the respondents that there was unification of cadres in Himachal Pradesh before the reorganisation of the State.23. If the State of Himachal Pradesh wishes to change the date of upgradation of Himachal Pradesh Sub-Inspectors to 1 April, 1966 the State Government cannot do so without sanction of the Central Government under Section 82(6) of the Act. If the State Government wishes to equate the appellants with the Inspectors of Himachal Pradesh the State of Himachal Pradesh will have to follow the provisions of the States Reorganisation Act in that behalf. The date of continuous appointment of the appellants and the respondents in the equated post will also have to be in compliance with the provisions of the States Reorganisation Act.24. All facts and circumstances affecting the service conditions of Inspectors of both the States will have to be placed by the State Government before the Central Government for decision of the Central Government whether it should give approval under Section 823(6) of the Act to upgradation of Sub-Inspectors of Himachal Pradesh with effect from 1 April, 1966.25. The direction given by the High Court that the State Government shall obtain approval of the Central Government under Section 82 (6) of the Act in regard to the date of promotion or upgradation of Sub-Inspectors is correct and upheld. The other direction given by the High Court that the Rules for promotion to the post of Excise and Taxation Inspectors shall be finalised after getting the approval of the Central Government is correct and upheld.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]This contention is utterly unsound. The seniority list has been prepared by giving the employees of Himachal Pradesh, the benefit of the date of upgradation as 1 April, 1966. The Government of India sanctioned the date 1 May, 1969. The State of Himachal Pradesh is not only setting at naught the direction but is giving a retrospective validation to the date of upgradation. That is a matter which changes the conditions of service of the appellants. The appellants are deprived of their continuous period of service. The appellants are deprived of their quota of promotion. The appellants were not heard with regard to equation of posts of Excise Inspectors and Taxation Inspectors. The appellants were not heard with regard to their seniority list.19. The appellants, therefore, rightly contend that the conditions of service applicable to them before the appointed day have been altered to their disadvantage without the previous approval of the Central Government. Again, if the State of Himachal Pradesh wants to equate Taxation Inspectors with Excise Inspectors the approval of the Central Government will be required because the appellants may represent their case of promotion quota under these Rules.20.The High Court correctly held that if the State Government wanted to alter the upgradation of the posts of Himachal Pradeshwith effect from 1 April, 1966, the sanction of the Central Government was to be obtained. The High Court rightly set aside the executive decision changing the date of promotion of Himachal Pradeshfrom 1 May, 1969, to 1 April, 1966 and the seniority lists as well as the four promotions.If the State of Himachal Pradesh wishes to change the date of upgradation of Himachal Pradeshto 1 April, 1966 the State Government cannot do so without sanction of the Central Government under Section 82(6) of the Act. If the State Government wishes to equate the appellants with the Inspectors of Himachal Pradesh the State of Himachal Pradesh will have to follow the provisions of the States Reorganisation Act in that behalf. The date of continuous appointment of the appellants and the respondents in the equated post will also have to be in compliance with the provisions of the States Reorganisation Act.24. All facts and circumstances affecting the service conditions of Inspectors of both the States will have to be placed by the State Government before the Central Government for decision of the Central Government whether it should give approval under Section 823(6) of the Act to upgradation ofof Himachal Pradesh with effect from 1 April, 1966.25. The direction given by the High Court that the State Government shall obtain approval of the Central Government under Section 82 (6) of the Act in regard to the date of promotion or upgradation ofis correct and upheld. The other direction given by the High Court that the Rules for promotion to the post of Excise and Taxation Inspectors shall be finalised after getting the approval of the Central Government is correct and upheld.