This writ petition challenged a promotion decision where the petitioner, a Junior Scale Stenographer, sought promotion to the post of Assistant. The Court held that the specific post was not a feeder category for her grade and dismissed the petition based on the existence of the Senior Scale Stenographer grade.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP(T) No.: 8104 of 2008. Reserved on: 02.12.2010. Decided on: 14.12.2010.
_________________________________________________________ Kamlesh Kalia. … Petitioner. Versus State of Himachal Pradesh and another. … Respondents.
Coram
The Hon’ble Mr. Justice Rajiv Sharma, J.
Whether approved for reporting?1 Yes. For the Petitioner : Mr. Bhuvnesh Sharma, Advocate. For the Respondents : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General.
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 ` 510-800 on 7.12.1984. 2. 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.
1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
100200 and Stenographers of the service in the pay scale of 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-cummerit from amongst Steno-typists of the service in the scale of 60-175. Steno-typists were placed in the pay scale of 60-175 and they were to be promoted from the post of clerks in the scale of 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 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 570-1080. It is clear from office memorandum dated 2<sup>nd</sup> 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 510800 and Senior Scale Stenographer in the pay scale of 570-1080. Since the petitioner was Junior Scale Stenographer in the pay scale of510-800, she could not be promoted over and above the person posted as Senior Scale Stenographer in the higher pay scale of ` 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.
(Rajiv Sharma), Judge.
December 14, 2010. (sck).
2 issues framed by the court
Whether a Junior Scale Stenographer in the pay scale of ` 510-800 can claim promotion to the post of Assistant which is a feeder category requirement for Junior Scale Stenographers.
Whether the petitioner has seniority over persons in the higher Senior Scale Stenographer pay scale for promotion purposes.
Kamlesh Kalia
State of Himachal Pradesh
Rajiv Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court