MEHAR SINGH Vs. HIGH COURT OF H.P.

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the petitioner was appointed as a Clerk in the High Court and was subsequently promoted to the post of Court Officer and then as a Reader from August, 1973. He was confirmed as a Reader with effect from 5th March, 1977 vide office order No.HHC/Admn.1(26)72 dated 10th August, 1978. A decision was taken in the year 1981 by the Punjab Government whereby in Punjab Civil Secretariat 25% of the posts in the cadre of Private Secretaries were given higher grade of Rs. 1400-1850 with a special pay of Rs. 250/- per month and those posts getting this higher pay scale were re-designated as Special Assistants in the Punjab Civil Secretariat. In sequel to the decision taken by the Punjab Government, the State of H.P. granted higher pay scale of Rs. 1400-1850 with a special pay of Rs. 250/- per month to 25% of the Private Secretaries attached with the Ministers and such posts getting this higher pay scales were re- designated as Special Assistants in the H.P. Civil Secretariat also. In the Punjab and Haryana High Court also, out of total cadre of Readers, 25% posts were given pay scale of Rs. 1400-1850 with a special pay of Rs. 250/- per month on the pattern of Punjab Civil Secretariat, but the scales were given to them with effect from 23rd August, 1983. The posts getting the higher pay scales of Rs. 1400-1850 in Punjab and Haryana High Court were re-designated as Court Secretaries. Following the Punjab Civil Secretariat pattern equal numbers of posts of Readers were kept in abeyance by the Punjab and Haryana High Court.

(2.) THE respondent-High Court as per the decision taken by the Punjab Government and Punjab and Haryana High Court recommended the matter to the Government of Himachal Pradesh vide letter dated 11th November, 1983 for creation of two posts of Court Secretaries (being 25% of the-then existing posts of Readers) in the pay scale of Rs. 1400-1850 plus special pay of Rs. 250/- per month. The recommendations made by the High Court were not addressed to by the State Government. The petitioner filed a writ petition No. 39/1986 in the year 1986 and the same was disposed of along with CWP No. 817 of 1986 filed by Shri M.D. Kaushal, who was senior most Private Secretary on 19.7.1989. The operative portion of the judgment dated 19.7.1989 reads thus:

(3.) MR . Shrawan Dogra, Advocate had strenuously argued that his client being the senior most Reader was to be considered for promotion to the post of Court Secretary with effect from 23.8.1983. He also contended that since no Recruitment and Promotion Rules were in existence for filling up the posts of Court Secretaries by way of promotion, the promotion was to be made on the basis of length of service as per the settled principle of service jurisprudence. He further contended that the imposition of penalty of compulsory retirement upon his client, which was subsequently revoked on 15th August, 1985, will not come in the way of his client for being considered for promotion to the post of Court Secretary being the senior most Reader.