LAWS(P&H)-2008-8-205

ASHWANI KUMAR SHARMA Vs. STATE OF HARYANA

Decided On August 17, 2008
ASHWANI KUMAR SHARMA Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The challenge in the present appeal is to the judgment rendered by a learned Single Judge of this Court on 13.7.2004 whereby the appellant's writ petition claiming writ of mandamus directing the respondents to consider the appellant for promotion to the post of Labour Inspector was dismissed.

(2.) The appellant was appointed as Draftsman on 3.12.1970 on the basis of his qualification of Matric and two years diploma in Draftsman (Civil). The promotional avenues from the post of Draftsman is to the post of Cartographer by virtue of Rule 9(h)(i) of the Haryana Labour Department (Group C) Service Rules, 1982. But it is alleged that substantially there is no promotion, as pay scale for the post of Draftsman and the pay scale for the post of Cartographer is the same. Since the pay scales of the posts of Draftsman and the Cartographer is the same, therefore, the appellant's claim for the promotion to the post of Labour Inspector by treating him as Cartographer was declined.

(3.) The appellant is admittedly a Draftsman and has not been promoted as Cartographer when the writ petition was filed. The post of Draftsman does not fall within the feeder post. Therefore, merely on the basis of the pay scale, the appellant cannot claim promotion to the post of Labour Inspector. Learned Single Judge has examined the claim of the appellant in detail and has found that the claim of the appellant is not justified. We are in agreement with the reasoning given by the learned Single Judge, which warrants no interference in appeal.