Parshotam Lal vs State of Himachal Pradesh and Another

Kurian Joseph, C.J.—The petitioner has filed this writ petition with the following prayer:

7.(i) That the application may kindly be accepted and the respondent No. 1 and 2 may kindly be directed to promote the applicant as Senior Assistant from the date of issuance of the promotion orders dated 25th February, 1999, shown as Annexure A-1 with all consequential benefits.

In the reply at para-1, it is stated thus:

It may be submitted that the Applicant was promoted from the post of Junior Assistant to the post of Inspector Grade-I, Co-operative Societies, alongwith 22 clerks and 38 Inspector grade-II Co-operative Societies vide office order dated 1.6.1996, a copy of which has already been placed at Annexure "A-II". Before, meeting of Departmental Promotion Committee for promotion to the post of Inspector Grade-I, Co-operative Societies was held, options for promotion to the post of Inspector Grade-I, Co-operative Societies were called for, from all the clerks/ Jr. Assistants having completed regular service of 5 years in the cadre and were interested for promotion to the post of Inspector Grade-I, Co-operative Societies, through the concerned Assistant Registrars Co-operative societies vide letter dated 26.5.1993 and 9.6.1993, copies of which are placed at Annexure "R-I, A&B and R-II" A&B to this reply. These options were called for in compliance of Govt. instructions contained in Chapter 16.26 of Hand book of personnel matters Vol.-I. It was made clear in the letters dated 26.5.93 and 9.6.93 that options once exercised would be considered final. In response to these letter, the Assistant Registrar, Co-operative Societies Dehra submitted option of Applicant to the post of Inspector Grade-I, Co-operative Societies vide his letter dated 19.6.93. A true copy of option of the Applicant placed at Annexure "R-III" to this reply. Thus the applicant has rightly been considered for promotion by the D.P.C. to the post of Inspector Grade-I, Co-operative Societies, vide order dated 1.6.96. Consequent upon his promotion the applicant had joined his duties as Inspector Grade-I on 4.6.96. A true copy of his joining report is placed at annexure "R-IV" to this reply. The applicant had subsequently given his option for fixation of his pay on promotion in the pay scale of Rs. 5480-8925 vide communication dated 16.3.2000 and his pay has accordingly been fixed at Rs. 5800/- as on 1.12.96 after granting him the benefit of F.R. 22(a)(1) as per his option, vide order dated 10.4.2000. True copies of his option for fixation of pay and office order vide which his pay has been fixed, are placed at Annexure "R-V and VI" A&B respectively.

In view of the stand taken in the reply, in case the petitioner has still any surviving grievance left, it will be open to the petitioner to approach the appropriate Authority. It is made clear that the petitioner shall pursue the same before the said Authority, after impleading affective parties.

The writ petition is disposed of, so also the pending application(s), if any.