BALDEV DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant who is petitioner in the writ petition, has assailed the judgment dated 16.3.2011 passed by the learned single Judge of this Court in CWP(T) No.13199 of 2008.

(2.) THE petitioner is an ex -serviceman. He was appointed as Clerk in the office of District Election Officer, Hamirpur on 8.10.1984. The Himachal Pradesh Civil Services (Revised Pay) Rules, 1988 as notified vide notification dated 7.11.1988 were amended by the Rules called the Himachal Pradesh Civil Services (Revised Pay) (First Amendment) Rules, 1988 vide notification dated 23.7.1990. These Rules have come into force with effect from January 1, 1986. The following amendment was made in the first schedule pertaining to the cadre of Clerks: - II. MINISTERIAL ESTABLISHMENT 1(a) Clerks (b) Senior Clerks 400 -600 510 -800 50: 50 (i) Rs.950 -1800 with an initial start of Rs.1000/ - Basic entry scale. This scale is to be given to the total number of posts in a cadre minus the posts which are to be placed in the scales of pay of Rs.1200 -2100 and Rs.1500 -2640 specified in items.

(3.) THE petitioner also made a representation for the release of higher pay -scale. The same was rejected by the competent authority on 6.3.2006. Petitioner has assailed this order dated 6.3.2006 before the erstwhile learned Himachal Pradesh Administrative Tribunal by way of filing O. A. No.885 of 2006. This O.A. No.885 of 2006 filed by the petitioner was transferred to this Court and the same was assigned CWP(T) No.13199 of 2008. The learned single Judge dismissed the petition on 16.3.2011 by holding that since adverse entry existed in the Annual Confidential Reports of the petitioner and the same has not been set aside, the petitioner was not entitled to higher pay scale. The petitioner has assailed this judgment of the leaned single Judge, dated 16.3.2011 by way of the present Letter Patent Appeal.