SHIMLA (H.P.), PRESENTLY WORKING AS ASSISTANT ENGINEER Vs. STATE OF HIMACHAL PRADESH THROUGH THE SECRETARY

JUDGEMENT

(1.) PETITIONER has prayed for the following relief: - "i). That the present original application may be accepted and the pay of the applicant may be re -fixed in the cadre of Junior Engineer by giving him the benefit of stepping up vis -à -vis his juniors and thereafter the pay of the applicant be fixed in accordance with the Rules in the cadre of Assistant Engineer. The arrears be calculated and be paid to the applicant along with interest at the rate of 24% per annum." Record reveals that petitioner Sh. J. K. Mohindru was appointed as Junior Engineer. He joined on 9.11.1968. Subsequently on the same post, Sh. Handu Ram joined on 1.10.1973 and Sh. Kirpal Singh Bedi joined on 7.4.1971. Evidently petitioner was placed higher than Sh. Handu Ram and Sh. Kirpal Singh Bedi in the seniority list pertaining to the Junior Engineers which is a non gazetted post.

(2.) FOR the next promotional post i.e. Assistant Engineer, Sh. Handu Ram was promoted on 24.6.1982 and Sh. Kirpal Singh Bedi, on ad hoc basis, was promoted on 15.6.1986. Subsequently on his own turn, petitioner was appointed as Assistant Engineer on 13.4.1999. Record reveals that Sh. Kirpal Singh Bedi and petitioner Sh. J. K. Mohindru were regularized on the post of Assistant Engineer on 13.4.1999.

(3.) RESULTANTLY petitioner requested for grant of stepping up of his pay vis -Ã -vis his juniors i.e., Sh. Handu Ram and Sh. Kirpal Singh Bedi. Such request was turned down by the respondents. Respondents have pleaded that benefit of higher pay stands withdrawn in the case of Sh. Handu Ram and in the case of Sh. Kirpal Singh Bedi the amount was disbursed as he was given four tier pay scale during 1.1.1996, after completion of nine years of service.