KARAN SINGH PATHANIA Vs. STATE OF H.P.

JUDGEMENT

(1.) The post of Senior Scale Stenographer held by the petitioner in the pay scale of Rs.10300.0034800+3800 grade pay in the respondent-Printing and Stationary Department was upgraded on 15/3/2012 to the post of Personal Assistant in the pay scale of Rs.10300.0034800+4200 grade pay with immediate effect. The petitioner wants that the up-gradation should have been w.e.f. 6/8/2003 i.e. the date when he had submitted his representation seeking upgradation of the post held by him and, therefore, he should be considered and promoted to upgraded post of Personal Assistant w.e.f. 6/8/2003. His prayer has not found favour with the respondents, hence the instant petition.

(2.) The brief facts of the case are that:-

(3.) Contentions 3(i) Learned counsel for the petitioner in support of his plea that the upgradation of the post of Senior Scale Stenographer should have been from a retrospective date of 6/8/2003 has placed reliance upon the order dtd. 25/4/2011 (Annexure P-3). According to learned counsel for the petitioner, respondent No. 1 while accepting petitioner's representation for upgradation of the post had observed that there was no need of any representation from the incumbent and rather it was the responsibility of the department to have moved the case and ensured that the post of Senior Scale Stenographer gets upgraded to that of the post of Personal Assistant looking at the volume of the work in the Directorate. The attention in this regard was invited to following two paras of the order:-