Kamlesh Kalia vs State of Himachal Pradesh and Another

Rajiv Sharma, J.—Petitioner was appointed as Steno-typist on 30th April, 1981. She was promoted to the post of Junior Scale Stenographer in the pay scale of Rs. 510-800 on 7.12.1984.

Mr. Bhuvnesh Sharma, learned Counsel for the Petitioner has strenuously argued that his client has been arbitrarily ignored for promotion to the post of Assistant as per Recruitment and promotion Rules notified by the Industries Department in 1963. According to him, the post of Junior Scale Stenographer is a feeder category for promotion to the post of Assistant.

Mr. P.M. Negi, learned Deputy Advocate General has vehemently argued that Petitioner has been promoted from the post of Steno-typist to Junior Scale Stenographer and the post of Junior Scale Stenographer is not in the feeder category for promotion of the post of Assistant.

I have heard the learned Counsel for the parties and gone through the pleadings carefully.

A bare perusal of Notification, dated June, 1963 makes it abundantly clear that promotion to the post of Assistants/Head Clerks/ Accountants was to be made on the basis of seniority-cum-merit from amongst Assistants/Accountants of the service in the pay scale of Rs. 100-200 and Stenographers of the service in the pay scale of Rs. 100-175 in accordance with the ratio between the posts of Assistants/Accountants and Stenographers, failing which by direct recruitment. Post of Stenographer is to be filled up by way of promotion on seniority-cum-merit from amongst Steno-typists of the service in the scale of Rs. 60-175. Steno-typists were placed in the pay scale of Rs. 60-175 and they were to be promoted from the post of clerks in the scale of Rs. 60-175, failing which by direct recruitment. Petitioner has been promoted as per letter dated 7.12.1984 as Junior Scale Stenographer in the pay scale of Rs. 510-800. One Shri K.S. Dhaulta was promoted on the same date, i.e. 7.12.1984 as Stenographer in the pay scale of Rs. 570-1080. It is clear from office memorandum dated 2nd November, 1979 that there are two categories of Stenographers, i.e. Junior Scale Stenographer and Senior Scale Stenographer. Junior Scale Stenographer is to be in the scale of Rs. 510-800 and Senior Scale Stenographer in the pay scale of Rs. 570-1080. Since the Petitioner was Junior Scale Stenographer in the pay scale of Rs. 1 510-800, she could not be promoted over and above the person posted as Senior Scale Stenographer in the higher pay scale of Rs. 570-1080. So far as Mr. Jagdish Prasad is concerned, since he had retained lien to the post of Clerk, therefore, he was promoted from the feeder category of Clerk.

Accordingly, in view of the observations made hereinabove, there is no merit in this petition and the same is dismissed, so also the pending application(s), if any. No costs.