NAND LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) Heard. The petitioner stood promoted as Senior Statistical Assistant in the year 1998 and as per the Rules prevalent at the relevant time, there was neither any age nor educational qualification prescribed for the promotees, like the petitioner. Even in the subsequent Notification dtd. 16/9/2000 (Annexure A-1), while notifying the Recruitment and Promotion Rules for the category of Statistical Assistant in the Health Department, the requirement of age and educational qualification was not applicable to the case of the promotees.

(2.) It appears that vide order dtd. 8/11/2010 (Annexure A-3) issued by the Finance Department, it was decided and conveyed to allow the revised higher pay scale to all Statistical Assistants working in the various Departments of the Government, with the pre-condition that qualifications were similar as prescribed for identical level in the Department of Economics and Statistics. However, prior to the issuance of order dtd. 8/11/2010 (supra) , some of the officials, including the present petitioner, had already been promoted and working as Statistical Assistants in the Department as was incorporated in the Finance Department order dtd. 8/11/2010.

(3.) The respondent-Department thought it appropriate to seek a clarification from the Government, vide letter dtd. 2/4/2011 (Annexure R-E/T). Initially, as per the observations of the Finance Department, financial implications in respect of all such persons, including the present petitioner, as sought for, were accordingly provided in the matter. However, subsequently after exchange of correspondence and further after getting the matter examined from the Finance Department, the following observations stood conveyed in the matter by the Government vide letter dtd. 17/7/2019:-