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Judgment
Appellants being aggrieved and dis-satisfied with the judgment dated 112.5.2011, passed by the learned Single Judge, in CWP(T) No. 9382 of 2008 have preferred the instant appeal.
It emerge from the record that prior to his absorption in the HP State Electricity Board, respondent-petitioner was initially employed in the Municipal Council, Nahan as Octroi Clerck and on abolition of Octroi, he was absorbed as Meter Reader in the appellant-Board in terms of memo dated 5.4.1982 (Annexure A-7), wherein it was specifically provided as under:-
"For the purpose of absorption of octroi staff of the urban local bodies, full relaxation in age and qualification, keeping in view the length of service and present status, has been allowed by the Government."
Further perusal of aforesaid memo makes it ample clear that staff of the erstwhile local bodies absorbed in other govt. departments were held entitled for relaxation in age, qualification, keeping in view the length of service and present status.
It is also undisputed that the respondent-petitioner was absorbed with the appellant-Board as Meter Reader and as per the R&P Rules, notified vide notification dated 29.10.1975 (Annexure RA-III), Meter Reader falls within the common cadre of LDC/MLC./Meter Reader.
True it is, that petitioner is not a Matriculate, which is the minimum qualification for appointment as LDC/MLC/meter Reader in the appellant-Board but once the petitioner''s services were taken over as Meter Reader in the respondent-Board irrespective of the fact that he was not possessing the requisite educational qualification of Matriculation and he was absorbed in the appellant-Board while giving benefit of memo dated 5. 4.1982, there was no occasion for the appellant Board to deny further promotions, scales as admissible from time to time and benefit of proficiency step-ups.
In view of the above, we see no illegality and infirmity in the judgment passed by the learned Single Judge and same is upheld. Accordingly, the petition is dismissed being devoid of any merit.