JAGAT RAM VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner, who at the time of filing of the petition was working as Junior Assistant, had initially joined the respondent -department as Frash on 27.7.1987. Similarly, respondents No. 2 to 4, who at the relevant time were also working as Junior Assistants, had also joined the respondent - department as Sweeper, Mali and Chowkidar, respectively, on the same date, that is, 27.7.1987.

(2.) ADMITTEDLY , there exist ten different categories of Class -IV employees in the respondent - department, that is, Jamadar, Gestetnor Operator, Daftry, Library Attendant, Record Lifter, Peon, Frash, Chowkidar, Sweeper and Mali, out of which the posts of Frash, Chowkidar, Sweeper, Mali and Dak Messenger are filled up by direct recruitment and the remaining five categories are to be filled up 100% by promotion. The promotional quota for the categories of Frash, Sweeper, Chowkidar and Mali is to the extent of 55%, 20%, 20% and 5%, respectively.

(3.) THE record reveals that the petitioner and respondents No. 2 and 3, who had initially joined the respondent -department as Frash, Sweeper and Mali, respectively, were later on promoted as Peon on 28.1.1991. Similarly, respondent No. 4, whose initial appointment was as Chowkidar, was also promoted as Peon on 25.10.1991. It appears that since the petitioner and respondents No. 2 to 4 initially belonged to different categories of Frash, Sweeper, Chowkidar and Mali, respectively, they were promoted as Peon against their respective quota of 55%, 20%, 20% and 5%, respectively.