SRIDHAR SHARMA Vs. STATE OF HP

JUDGEMENT

(1.) Petitioners have assailed the notification dated 10th January, 2007 (Annexure A-1), issued by the Principal Secretary (Transport), Government of Himachal Pradesh. Petitioner No. 1 was appointed as Clerk on 10.04.2000 through the agency of HPSSC. Petitioner No. 2 was inducted as Clerk on 24.03.2001. Petitioner No. 3 was appointed as Clerk on 11.09.1998. Petitioners No. 4 and 5 were promoted as Clerk on 28.06.2005. Petitioner No. 6 was appointed in the respondent-department on 11.04.2000 through HPSSC. Petitioner No. 7 was promoted from the post of Peon to the post of Clerk on 05.09.2005. Petitioner No. 8 was appointed in the respondent-department on 5.4.2000 through the agency of HPSSC. Petitioner No. 9 was promoted 1 Whether the reporters of the local papers may be allowed to see the judgment?. Yes. from the post of Peon as Clerk on 28.06.2005. Petitioner No. 10 was appointed in the respondent-department on 6.4.2000 through the agency of HPSSC. The appointment/promotion to the post of Clerk is regulated under the Recruitment and Promotion Rules called "The Himachal Pradesh Transport Department Clerk (Class-III Non-Gazetted) Recruitment and Promotion Rules, 1996", notified on 21st December, 1996. Respondents No. 5 to 9 were appointed as Steno Typists. The conditions of service of Steno Typist in the respondent- department are regulated under the Recruitment and Promotion Rules for the post of Steno Typist (Non-Gazetted Class-III), Department of Transport, Himachal Pradesh (Annexure A-3). The respondent-department has issued the seniority list of Clerks vide Annexure A-2, as it stood on 31.03.2005. The final seniority of Junior Scale Stenographers/Steno Typists, as it stood on 01.01.2005, was issued on 25.02.2005. The respondent-state has issued the notification dated 10.01.2007. Text of the notification reads thus:

(2.) In case the date of appointment of a Steno Typist comes above the date of appointment of a Clerk in a particular year then the Steno Typist shall be placed immediately belost the last person appointed as Clerk in that particular year/batch.

(3.) Due to merger of Steno Typists cadre with the cadre of Clerks, the 7 posts of Steno Typists shall stand abolished.