LOK PAL SON OF LATE SHRI RAM DUTT RESIDENT OF VILLAGE CHUNTARA, POST OFFICE AND TEHSIL JUBBAL, DISTRICT SHIMLA, H.P. Vs. STATE OF HIMACHAL PRADESH THROUGH THE SECRETARY (URBAN DEVELOPMENT) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA- 171002,

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) Petitioner had been serving as Clerk in Nagar Panchayat, Jubbal, in the year 2000. On 03.11.2000, a resolution was passed by the Nagar Panchayat for upgrading the post of Clerk, held by the petitioner, to that of Assistant and appointing him against that upgraded post in the pay -scale of Rs. 5800 -9200. Vide order dated 03.07.2003, copy Annexure A -2, resolution of Nagar Panchayat, Jubbal, upgrading the post of Clerk and promoting the petitioner against the upgraded post of Assistant, has been suspended by respondent No. 2. Petitioner is aggrieved by this order of respondent No. 2. He has approached this court for quashing the said order and issuing a direction to the respondents that petitioner be treated as Assistant for the purpose of salary and other service benefits.

(3.) RESPONDENTS , in their reply, have stated that post could not have been upgraded, without the approval of the Director, Urban Development and also the posts of Clerks and Assistants being borne on State cadre, promotion could not have been made, without seeking approval of the said Director, as interests of other persons borne on the cadres of Clerks and Assistants were required to be protected. It is specifically stated that there were 166 persons senior to the petitioner in the cadre of Clerks at the time when order of up -gradation of his post and promotion was issued.