The Division Bench dismissed the appeal by the HP State Electricity Board challenging a 2011 single-judge judgment upheld absorption benefits for an octroi staff member lacking minimum educational qualifications, finding no illegality.
The appeal was dismissed and the judgment of the learned Single Judge in CWP(T) No. 9382 of 2008 dated 11.5.2011 was upheld.
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
LPA No. 457 of 2011 Date of Decision: 24.5.2017
HP State Electricity Board Ltd. & Anr. …..Appellants Versus Harbans Lal ….Respondent.
Coram:
The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice. The Hon’ble Mr. Justice Sandeep Sharma, Judge .
Whether approved for reporting?1
For the Appellants: Mr. Satyen Vaidya, Senior Advocate, with Mr. Vivek Sharma, Advocate.
For the Respondent: Mr. Vishal Bindra, Advocate.
Sandeep Sharma, J. (oral)
Appellants being aggrieved and dis-satisfied with the judgment dated 112.5.2011, passed by the learned Single Judge, in CWP(T) No. 9382 of 2008 have preferred the instant appeal.
1 Whether reporters of the local papers may be allowed to see the judgment?
…2…
“For the purpose of absorption of octroi staff of the urban local bodies, full relaxation in age and qualification, keeping in view the length of service and present status, has been allowed by the Government.”
Further perusal of aforesaid memo makes it ample clear that
staff of the erstwhile local bodies absorbed in other govt. departments were held entitled for relaxation in age, qualification, keeping in view the length of service and present status.
…3…
5.4.1982, there was no occasion for the appellant Board to deny further promotions, scales as admissible from time to time and benefit of proficiency step-ups.
( Sanjay Karol), Acting Chief Justice
24th May, 2017 ( Sandeep Sharma ), Manjit Judge.
2 issues framed by the court
Whether the single judge judgment upholding the respondent's absorption and subsequent benefits despite lack of matriculation was legally sound.
Whether the appellants' appeal challenging the judgment dated 11.5.2011 had any merit.
HP State Electricity Board Ltd. & Anr.
Harbans Lal
Sanjay Karol
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
