Himachal Pradesh High Court
Between vs State Of Himachal Pradesh on 5 September, 2022
Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 5th DAY OF SEPTEMBER, 2022
BEFORE
.
HON'BLE MR. JUSTICE A. A. SAYED ,
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
LETTERS PATENT APPEAL No. 151 OF 2022
1.
Between :-
UDHAM SINGH, S/O SH. KARAM
SINGH, R/O BAJOEWA, P.O. JAIS,
TEHSIL THEOG, DISTRICT SHIMLA,
H.P. RETD. AS CLASS-IV (PEON) O/O
TEHSILDAR, THEOG, DISTRICT
SHIMLA, H.P.
2. SH. JABAR SINGH, S/O SH. SHISHU
RAM, R/O VILLAGE KOTI, P.O.
LANASA, TEHSI RAMPUR, DISTRICT
SHIMLA, RETIRED AS CLERK, O/O
TEHSIL OFFICE RAMPUR, DISTRICT
SHIMLA, H.P.
3. SH. CHET RAM, S/O SH. KANWAL
RAM, R/O VILLAGE NEHRA, P.O.
BEHALI, TEHSIL RAMPUR, DISTRICT
SHIMLA, H.P. PRESENTLY SERVING
AS PEON, O/O DEPUTY
COMMISSIONER, SHIMLA, H.P.
4. SH. KRISHAN DASS, S/O LATE
SAMPATI DASS, R/O VILLAGE
KHALOG, P.O. JUBBARHATTI,
TEHSIL AND DISTRICT SHIMLA,
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RETIRED AS CLERK O/O SUB-TEHSIL
JUNGA, DISTRICT SHIMLA, H.P.
5. SH. JEET RAM, S/O LATE SH. SHONK
RAM, R/O VILLAGE BASHOG, P.O.
.
JUBBARHATTI, TEHSIL AND
DISTRICT SHIMLA, H.P.
6. SH. NAND LAL, S/O SH. MANI RAM,
RETIRED AS CLERK O/O DEPUTY
COMISSIONER, SHIMLA, H.P.
7. SH. SUKH CHAIN, S/O SH. GOPI
CHAND, PRESENTLY SERVING AS
JAMADAR, TEHSIL OFFICE JUBBAL,
DISTRICT SHIMLA, H.P.
...APPELLANTS
( BY MR. RAJESHWAR THAKUR AND
MR. UMESH JALTA, ADVOCATES)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS SECRETARY (REVENUE)
TO THE GOVT. OF H.P. SHIMLA
2. DEPUTY COMMISSIONER, SHIMLA,
DISTRICT SHIMLA, H.P.
...RESPONDENTS
3. SH. KRISHAN LAL, S/O SH. DHARAM DASS,
PRESENTLY SERVING AS JAMADAR, SUB -
TEHSIL OFFICE, TIKKAR, TEHSIL ROHRU,
DISTRICT SHIMLA, H.P.
...PROFORMA RESPONDENT
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(MR. ASHOK SHARMA, ADVOCATE
GENERAL WITH MR. VIKAS RATHORE,
RITTA GOSWAMI AND
MR. NAND LAL THAKUR
.
ADDITIONAL ADVOCATES GENERAL
FOR R-1 & R-2)
____________________________________________________
This appeal coming on for admission this day,
Hon'ble Ms. Justice Jyotsna Rewal Dua, delivered the
following :-
JUDGMENT
The appellants had filed a writ petition seeking
direction to the respondents to consider and promote them as
Class-III (Clerks) from due dates as per their seniority after
adhering to the notifications issued by the State Government on
13.08.1997 and 23.06.2005 respectively and also taking into
account the subsequent quota of 10% from year to year basis
with all consequential benefits. The writ petition was dismissed by
the learned Single Judge on 01.08.2022. Feeling aggrieved, they
are now in appeal against the judgment passed in their writ
petition.
2. On 13.08.1997, the respondents-State had granted
one time relaxation in the Recruitment & Promotion Rules (R&P
Rules) for the posts of Clerks in all the departments (except
Secretariat Administration) for promotion of eligible Class-IV
employees to the posts of Clerks. This one time relaxation was
subject to following conditions/criteria :-
.
"i. The vacant posts are in existence in the concerned departments.
ii. Posts filled up in excess of the prescribed 10% quota as a
result of this one time relaxation against the existing vacancies
shall be adjusted against the future vacancies of 10% quota.
iii. The excess quota for promotion under the proposed one time
relaxation shall be restricted to 20% posts of vacancies
available in the concerned departments within condition No. (i)
above."
3. The writ record shows that meeting of Departmental
Promotion Committee (DPC) was held on 02.12.1997 under one
time relaxation. Total 33 posts were to go in favour of Class-IV
employees under quota of 20%, out of which 24 posts were
already filled up under the existing 10% quota. Therefore,
decision was taken by the DPC to fill up remaining 9 posts of
Clerks out of Class-IV employees on seniority basis to implement
the decision dated 13.08.1997.
4. Similarly, one time measure regarding relaxation in
R&P Rules for the posts of Clerks was provided by the
respondents-State on 23.06.2005. The promotion quota was
enhanced from 10% to 15% as one time measure in relaxation of
R&P Rules. Accordingly, the DPC in its meeting held on
07.01.2006 observed that 26 posts will go to Class-IV employees
for their promotion to the posts of Clerks, out of which 22 posts
were already filled up by way of promotion from Class-IV
.
category, therefore, the DPC decided to promote 4 Class-IV
employees to the posts of Clerks to implement the decision of the
Government dated 23.06.2005.
5. It is apparent that 20% quota in terms of decision
dated 13.08.1997 and 15% quota in terms of decision dated
23.06.2005 was granted for promotion of Class-IV employees to
the posts of Clerks. The said 20% and 15% quota was not over
and above the existing 10% quota, that was available at the time
of promotion of Class-IV employees to the posts of Clerks. The
excess quota for promotion under one time relaxation in terms of
decisions dated 13.08.1997 and 23.06.2005 respectively was to
be restricted to 20% and 15% of vacancies available in the
concerned departments within condition No. (i) of the said
decisions. It is thus clear that throughout, the quota was to remain
10%. It was not to become 30% or 25% as is contended for the
appellants.
For the foregoing reasons, we do not find any
substance in the claim of the appellants. Therefore, finding no
merit in the appeal, the same is dismissed with all pending
applications, if any.
( A. A. Sayed )
.
Chief Justice
5th September, 2022 (K) ( Jyotsna Rewal Dua )
Judge
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