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Judgment
K. Ramaswamy and Sujata V. Manohar, JJ.—This appeal by special leave arises against the order of the High Court of Himachal Pradesh made on 9.12.1994 in C.W.P. No. 435/92. The appellant was initially appointed as a Store Munshi on 4.10.71 in the work-charged establishment. Later, he had two promotions, last of them being Store Keeper in the regular cadre on December 31, 1980 in the pay-scale of Rs. 260-430 w.e.f. 1.1.1981. He was later promoted on 1.1.1986 in the grade of Rs. 330-560. Subsequently, by virtue of negotiation with the Union, the pay-scales and the promotional avenues of the work charged employees, who could not get promotion, were rationalized and by modified scheme dated September 5, 1988, the respondents had adopted rationalization scheme and the scales of pay. Para (b) of the scheme envisages that although appointment to the regular cadre will be effective from the date of such appointment, service rendered in work charged posts in the same post and scale of pay will count towards inter-se seniority in the regular cadre for the purpose of promotion to next higher scale of pay subject to line of promotion being available.
It is not in dispute that the appellant earlier was promoted on selection and became a regular employee. Though the work charged employees who could not become the regular employees have the benefit of rationalization scheme referred to hereinbefore, since the appellant was in a lower scale of pay in the work-charged establishment that was mentioned in the rationalization scheme, he cannot claim the higher scale of pay or promotional post on par with his erstwhile juniors/work charged employees. The High Court, therefore, has rightly pointed out that though the appellant is entitled to count his service rendered as work charged employee for the purpose of seniority and promotion, as far as the grade seniority is concerned, he cannot get the same benefit as he was appointed in the grade of Rs. 260-350 on September 1, 1973 and regularized w.e.f. 1.1.1981 in the scale of Rs. 260-430 which is lower pay-scale than what was rationalized. Under these circumstance, we do not find any illegality in the order passed by the High Court.
The appeal is accordingly dismissed. No. costs.