AMAR NATH Vs. HIMACHAL PRADESH ROAD TRANSPORT CORPORATION
LAWS(HPH)-2021-3-61
HIGH COURT OF HIMACHAL PRADESH
Decided on March 22,2021

AMAR NATH Appellant
VERSUS
HIMACHAL PRADESH ROAD TRANSPORT CORPORATION Respondents

JUDGEMENT

Sandeep Sharma,J. - (1.) In the year, 1988, respondent No.1, advertised three posts of Regional Manager to be filled up by way of direct recruitment in consonance with R & P Rules. Out of aforesaid three posts, two were meant for General Category and one for Scheduled Caste category. Petitioner being fully qualified, also applied alongwith other eligible candidates and respondent-corporation, having found him eligible though called him for interview on 11.1.1989, but fact remains that he was not selected against the post in question i.e. Regional Manager. Though petitioner had applied against the one post reserved for Scheduled Caste category, but since he was not found fit, he was not offered appointment against the post of Regional Manager, reserved for SC category, whereas respondents No. 2 and 3 were declared selected against two posts of Regional Manager, falling in the share of General Category. It also emerges from the record that though respondent-department did not find the petitioner fit for post of Regional Manager, but offered him lower post of Assistant Manager (now Traffic Manager) on 30.6.1989. Petitioner accepted the aforesaid offer and joined against the post of Assistant Manager. Respondent Corporation did not make any regular promotion to the post of Regional Manager, from the feeder category of Assistant Manager (Traffic Manager)/Superintendents Grade-1/Private Secretaries for quite long, rather kept on making ad-hoc promotions on the basis of seniority of Assistant Managers. It also emerges from the material available on record that at that relevant time, 40 point roster was being followed by the respondent-corporation for the purpose of promotion. As per aforesaid 40 point roster, 1st, 8th, 14th, 22nd, 28th and 36th roster points were to be given to the Scheduled Caste category.
(2.) Pleadings available on record reveal that till 24 roster point, none of the Scheduled Caste candidate ever came to be appointed against the post of Regional Manager as none from the feeder category belonging to the Scheduled Caste category was found eligible to be promoted against the post of Regional Manager. Vide order dated 6.10.1995, respondent-corporation promoted the petitioner on adhoc basis against the post of Regional Manager alongwith other eligible candidates in order of seniority and petitioner joined against the aforesaid post on 21.10.1995. Subsequently, respondent department with a view to regularize the ad-hoc promotions conducted the meeting of Departmental Promotion Committee on 28.2.1996, wherein all the vacancies starting from 1990 came to be filled up on regular basis.
(3.) Memorandum for consideration of Departmental Promotion Committee for the post of Regional Manager (Traffic) /Regional Manager (P & S) (available at page 199 of the writ record) reveals that there were 27 posts of Regional Manager in the pay scale of Rs.2410-4000 (Rs.2410-4000 w.e.f. 1.1.1993) in the sanctioned cadre of HRTC as per details given herein below: 1. Regional Manager 25 posts. 2. Regional Manager (Traffic) 1 post. HCHP High Court of H.P. 4 3. Regional Manager (P & S) 1 post. Total: 27 posts Out of these 27 posts, 16 posts came to be filled on regular basis, 13 on ad-hoc basis. It appears that 16 posts filled on regular basis also include 2 posts occupied by Sh. K.L. Sharma and S.R. Dogra, who at that relevant time, were working as Dy. Divisional Manager (NT) on adhoc basis. Since aforesaid persons were also likely to be promoted to the post of Deputy Divisional Manager (NT), 13 posts including 10 posts filled on ad-hoc basis from various dates became available to be filled on regular basis. In all, 75 % posts were to be filled in by promotion from amongst Assistant Managers with three years' service and Superintendent, Grade-1, etc, with three years' service in the ratio of 3:2. Memorandum further reveals that 20 point roster was to be followed for identifying the post in following rotation: 1. Assistant Manager, 2. Superintendent Grade-1 etc., 3. Assistant Manager, 4. Direct 5. Assistant Manager, 6. Superintendent Grade-1 etc., 7. Assistant Manager 8. Direct 9. Assistant Manager 10. Superintendent Grade-1 etc., 11. Assistant Manager 12. Direct HCHP High Court of H.P. 5 13. Assistant Manager 14. Superintendent Grade-1 etc., 15. Assistant Manager 16. Direct 17. Assistant Manager 18. Superintendent Grade-1 etc., 19. Assistant Manager 20. Direct." ;


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