S.C. THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner joined as Clerk in the Public Relations Department on 15.12.1956. He was promoted to the post of Accountant -cum -Store Keeper on 14.9.1962. The Accountants/Assistants/Account -ant -cum -Store Keepers were in the same pay scale and their seniority was joint. The respondent -State introduced selection grade for Assistants and Senior Scale Stenographers on 17.11.1976. It was clarified on 18.12.1976 that if the posts of Head Clerks/Senior Clerks/Cashiers/Accountants/Store Keepers are borne out on the common cadre and inter -changeable selection grade would be permissible as per memorandum dated 17.11.1976. The principles and procedure for the grant of selection grade were laid down by the Government on 1.3.1977. Since the petitioner had completed ten years of service as Accountant -cum -Store Keeper, he made a representation for release of selection grade. His representation was rejected by the Director on 22.6.1989. It appears from the records that the petitioner made further representation which was rejected by the respondent on 9.9.1991.

(2.) MR . D.P. Gupta has drawn the attention of the Court to Annexures A -l, A -2 and A -3. His precise case is that the posts of Head Clerks/Senior Clerks/Cashiers/Accountants/Store Keepers were in the same scale of Rs. 160 -400 and Rs. 225 -500. His further contention is that these posts were equal status posts and were inter -changeable. According to him, joint seniority list was maintained for these categories. He lastly contended that since his client has completed ten years' service, he was entitled for selection grade.

(3.) THE petitioner was promoted to the post of Accountant -cum -Store Keeper on 14.9.1962. The posts of Accountant/Assistant/Accountant -cum -Store Keeper were in the same pay scale and common seniority list was maintained. It was only in the year 1975 that the decision has been taken to isolate the post of Accountant -cum -Store Keeper. Seniority list was issued separately for this post vide Annexure R -5 on 26.6.1978. The minimum service required for the release of selection grade as per Annexure A -3 dated 1.3.1977 is ten years. The petitioner had completed ten years of service as Accountant -cum -Store Keeper in the year 1972. He was entitled to selection grade on the basis of office memorandum dated 1.3.1977. However, the learned Senior Additional Advocate General has drawn the attention of the Court to Annexure A -2 dated 18.12.1976 whereby it is stipulated that the post should be borne on common cadre and should be inter -changeable with the posts of selection grade specifically sanctioned.