Lok Pal Dutt vs State of Himachal Pradesh

Surjit Singh, Judge

Heard and gone through the record.

Petitioner had been serving as Clerk in Nagar Panchayat, Jubbal, in the year 2000. On 03.11.2000, a resolution was passed by the Nagar Panchayat for upgrading the post of Clerk, held by the petitioner, to that of Assistant and appointing him against that upgraded post in the pay-scale of Rs. 5800-9200. Vide order dated 03.07.2003, copy Annexure A-2, resolution of Nagar Panchayat, Jubbal, upgrading the post of Clerk and promoting the petitioner against the upgraded post of Assistant, has been suspended by respondent No. 2. Petitioner is aggrieved by this order of respondent No. 2. He has approached this court for quashing the said order and issuing a direction to the respondents that petitioner be treated as Assistant for the purpose of salary and other service benefits.

Respondents, in their reply, have stated that post could not have been upgraded, without the approval of the Director, Urban Development and also the posts of Clerks and Assistants being borne on State cadre, promotion could not have been made, without seeking approval of the said Director, as interests of other persons borne on the cadres of Clerks and Assistants were required to be protected. It is specifically stated that there were 166 persons senior to the petitioner in the cadre of Clerks at the time when order of up-gradation of his post and promotion was issued.

It appears from order Annexure A-1 itself that probably no post of Assistant was available, when the petitioner was promoted as Assistant from the post of Clerk. For promoting the petitioner what the Panchayat did was that the post of Clerk held by him was upgraded to that of Assistant in the pay-scale Rs. 5800-9200 and he was appointed to that post. Upgradation of the post could not have been done by the Panchayat, in view of the Provision of Section 306(8) of Himachal Pradesh Municipal Act, 1994, which says that approval for the creation of post(s) in a Municipality shall be made by the Director, after taking into consideration the requirement of the Municipality and its financial capacity. Upgradation of the post of Clerk to that of Assistant involves finances and, therefore, it is to be treated on par with the creation of a new post.

In view of the above stated position, no fault can be found with the impugned order, Anenxure A-2. Consequently, the petition is dismissed.