SHISH RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides and also Respondent 8 in person.

(3.) The undisputed facts are that while the appellants were working as Head Clerks and Respondents 3 and 4, Gulzari Ram and Ram Lal were working as Accountants, the scale of pay of the Head Clerks was Rs. 160-400 while that of the Accountants was Rs. 160-450. Later by executive order dated 11/11/1976 the government had created 10 temporary posts of Assistants and upgraded them to the scale of Rs. 225-500 and some senior candidates came to be appointed to those posts. Subsequently, statutory rules under proviso to Article 309 of the Constitution came to be made, increasing the number of posts and scale of pay of all the Head Clerks, Assistants, Stenographers etc. to Rs. 225-500. By proceedings of the government dated 2/11/1979 with effect from 1/1/1978, promotions of Accountants and Head Clerks were fused together. Pay of Assistants, Head Assistants etc. was revised to Rs. 620-1200, while that of the Junior Auditors and Accountants was revised to Rs. 570-1080. Similarly, for the promotion of the Accountants and Head Clerks statutory rules came to be made under proviso to Article 309 of the Constitution which came into force from 13/6/1978 enabling the Accountants and Head Clerks to be eligible for promotion as Superintendents. The government have created promotional avenues to the posts of Gazetted Class II and the Head Clerks, Assistant Superintendents were made eligible for promotion to the said posts of Gazetted Grade II in the scale of Rs. 500-900. The Accountants were not included therein. Respondents 3 and 4 filed representations claiming promotion to these posts but their claims were rejected. When they filed the writ petition in the High court, Shimla which was transferred to the Administrative tribunal, which by the impugned order in TA No. 90 of 1987, dated 25/5/1993 directed the government to consider their claims with effect from 1977 and also their entitlement for promotion as Gazetted Class II. Calling those directions in question, the above appeal has come to be filed.