Kali Kumar and Others vs The State of H.P. and Another

V.K. Sharma, J.—The petition has been filed for grant of the following substantive reliefs vide para 7(i) to (ii):

7(i) That the impugned letter dated July 5, 1999, Annexure A-8 and letter dated July 29, 1999, Annexure A-9 may kindly be quashed and set aside and the individual pay fixation orders of applicants pursuant to these letters may also be quashed and set aside.

7(ii) That the respondents may be directed to allow to the applicants the benefit of pay fixation as a result of these promotion from the cadre of Inspector Grade-II to the post of Inspector Grade-I vide order dated June, 1996, Annexure A-3 with consequential benefits including arrears on account of there pay fixation w.e.f. June 1, 1996.

In the reply, following stand has been taken by the respondents vide preliminary objection No. 2:

(II) That the present O.A. Has been filed by the applicants against the impugned order dated 15th July, 1999 (Annexure A-8) whereby claim of the applicants for fixation of their pay on promotion to the posts of Inspector Grade-I from the cadre of Inspector GradeII had been rejected by the State Government. It may be submitted that on the basis of Govt. Notification No. Coop. A(1)/95, dated 1696 (Annexure A-3) 147 posts of Inspector GradeII were merged with the post of Inspector Grade-I in the Department of Cooperation, H.P. These orders were made effective w.e.f. 1696 vide Notification dated 9th March, 1999. It may be submitted that on the basis of merger of these two cadres into one, a proposal was submitted to the State Govt. for seeking necessary clarifications for fixation of pay of the applicants and other similarly situated persons. The State Govt. after obtaining advice of the Finance Department invited attention of the Respondent No. 2 to the condition No. V of Notification dated 1696 (Annexure A-3) and 9399 (Annexure A-5) under which pay of the incumbents of the posts of Inspector GradeII on merger with the cadre of Inspector Grade-I is to be fixed in accordance with the audit instructions No. I under F.R. 22. The matter was again taken up by the replying respondents with the State Govt. for allowing benefit of F.R. 22.1(a)(1) to the applicants but the said proposal was rejected by the State Govt. vide letter dated 9th May, 2000 by reiterating its earlier decision conveyed vide letter dated 5th July, 1999 (Annexure A-8). A photocopy of letter dated 9th May, 2000 is placed at Annexure R1 to this reply. As such applicants can not be allowed benefit of F.R. 22.1(a)(1) in the present case. As regards granting of Pay fixation benefits to the clerical cadre who were promoted to the post of Inspector Grade-I vide order dated 1696 (Annexure A-2) alongwith the applicants, their case is entirely different from that of the applicants. According to the Recruitment & Promotion Rules for filling up the posts of Inspector Cooperative Societies (Annexure A-1) 30% posts of Inspectors are to be filled up from amongst the posts of clerks/Junior Assistants. These R & P Rules are still operative and have not been repealed. However, with the merger of category of the Inspector GradeII with that of Inspector Grade-I, no promotions can now be made against their 50% quota which stood abolished. Hence the applicants have no right to equate their case with that of the Inspectors promoted from the category of Clerks who have been allowed pay fixation benefit under F.R. 22.1(a)(1) of the Financial Rules.

The controversy involved in the present petition lies within a narrow compass. Admittedly, the petitioners were initially working as Inspector GradeII on the establishment of the respondents, particularly respondent No. 2. Later on, they were promoted as Inspector Grade-I vide Office Order dated 01.06.1996, Annexure A-2. On the same very day, vide Notification of even date, Annexure A-, 147 posts of Inspector GradeII were merged with 388 posts on the existing cadre of Inspector GradeII (General & Audit) of the department in the pay scale of Rs. 16502925/- It was at this juncture that the dispute raised in the present petition arose. It is to the effect that on promotion of the petitioners as Inspector Grade-I they were entitled for fixation of pay under F.R. 22.1(a)(1), which benefit was not available to those Inspectors GradeII who were upgraded as Inspectors Grade-I pursuant to merger vide Notification dated 01.06.1996, Annexure A- and since both the categories comprising of promotee Inspectors Grade-I and upgraded Inspectors Grade-I were placed in the same scale of Rs. 16502925/- the petitioners being aggrieved and dissatisfied with, have filed the present petition after rejection of their representation in this regard vide communications dated 5th July, 1999, Annexure A-8 and 29th July, 1999, Annexure A-9.

It does not stand to reason that the petitioners, who were duly promoted as Inspector Grade-I pursuant to the recommendations of a duly constituted Departmental Promotion Committee, should be denied the benefit of F.R. 22.1(a)(1) at the time of fixation of their pay in the promotional cadre only on the ground that such benefit is not available to the upgraded Inspectors Grade-I, simply for the reason that though both the cadres were merged on the same day, yet the fact remains that soon before that these were distinct and the petitioners had a legal right for grant of benefit of F.R. 22.1(a)(1) at the time of fixation of their pay in the promotional cadre to which the upgraded Inspectors Grade-I were not entitled in accordance with rules.

In view of the above, the petition is allowed, consequently, Annexure A-8 dated 5th July, 1999, and Annexure A-9 dated 29th July, 1999, are quashed with a direction to the respondents to grant to the petitioners benefit of F.R. 22.1(a)(1) and fix their pay as Inspectors Grade-I accordingly in accordance with law alongwith consequential benefits within three months from the date of production of copy of this judgment by the petitioners within one month from today, alongwith interest @ 6% per annum, failing which higher interest @ 12% per annum shall be payable.