NARESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) There is practically no controversy so far as factual aspect of the case are concerned, therefore, needed to be stated in brief. S/Sh. Naresh Kumar (I), Devender Singh and others applicants appointed as Clerks were promoted as Senior Clerks in the pay scale of Rs. 1200 -2130 further revised w.e.f. 1.1.1996 as per annexures P -l to P -4.

(2.) On 28.12.1998 vide annexure P -5 the benefit of senior scale of Rs. 1200 -2130 (un -revised)/4020 -6200 (Revised) already released in favour of Bharti Devi mentioned therein was withdrawn with immediate effect being not permissible in accordance with the provisions of Himachal Pradesh Civil Services (Revised Pay) First Amendment Rules, 1998 (in short the Rules). The applicants are, therefore, aggrieved by the action of the respondents in withdrawing the benefits already given to them. It is, therefore, prayed that annexure P -5 may be quashed.

(3.) The consistent stand taken by the respondents No. 1 and 2 is that OA is pre -mature and not maintainable in the present forum. It is admitted that senior scale of Rs. 1200 -2130 was released in favour of the applicants in accordance with the instructions contained in Himachal Pradesh Finance Department notification dated 23.7.1990 and applicants were designated as senior clerks vide office orders annexures P -l and P -2. However, on the recommendation of departmental promotion committee (DPC) which met on 5.12.1998 the senior scale was withdrawn because the clerical cadre was divided the total number of posts of clerks including senior clerk and junior assistant into clerks in the ratio of 50 : 50 in the scale of Rs. 4400 -7000 and Rs. 3120 -5160 respectively. Since senior scale was released after 1st January, 1996, therefore, it was necessary to review their cases in the light of notification. Therefore, the impugned order is legal and is not liable to be quashed.