MANOJ KUMAR & ORS Vs. STATE OF H P & ORS
LAWS(HPH)-2017-12-138
HIGH COURT OF HIMACHAL PRADESH
Decided on December 15,2017

Manoj Kumar And Ors Appellant
VERSUS
State Of H P And Ors Respondents

JUDGEMENT

Ajay Mohan Goel, J. - (1.) This petition was filed by the petitioners praying for the following reliefs:- (i) That the impugned annexure P-3 dated 24.3.2011 issued by respondents with respect to ordering recoveries of Rs.1000 per month from the pay package of petitioners may very kindly be quashed and set aside. (ii) That recoveries as made till date by respondent in view of annexure P-3, may very kindly be ordered to be refunded to the petitioners. (iii) That respondents may very kindly be directed to give placement to the petitioners as Junior Assistant i.e. 50% of cadre of clerks of respondent who have completed 5 years of service in the cadre w.e.f. due date i.e. 1.1.1998 with all consequential benefits of arrears of pay etc. etc. (iv) That superfluous wording as is given in rules of the year 2001 in as much as that 'Junior Assistant will be promoted from clerks' may very kindly be ordered to be deleted from the statute book. (v) That directions may be given to the respondents to correct orders annexure P-2 thereby ordering placement of petitioners and not promotion and accordingly only respondents may very kindly be directed to meet audit para as per office procedure forthwith without any further delay. (vi) Directions may be given to respondents to act in accordance with annexure P-1 and order placement of petitioners to the post of Junior Assistants w.e.f. 1.1.1998 in the interest of law and justice with consequential benefits. (vii) That the records pertaining to the case may also kindly be directed to be summoned for the kind perusal of this Hon'ble Court. Any other or further relief as this Hon'ble Court may deem just and proper keeping in view the facts and circumstances of the case may also be passed in favour of the Petitioners and against the respondents."
(2.) On 04.10.2017, when the matter was heard by the Court, the following order was passed:- "It has been jointly stated at the bar that with the afflux of time and on account of subsequent developments prayer No. (i) and (ii) have been rendered infructuous. Mr. Ajay Sharma learned counsel for the petitioners submits that now the surviving grievance of the petitioners are qua prayer No. (iii)."
(3.) In view of above, now this Court will only be adverting to the issue germane to adjudicating the surviving cause of petitioners i.e. relief (iii) claimed by the petitioners. Petitioners pray that the respondents be directed to place the petitioners as Junior Assistants with effect from the due date i.e. 01.01.1998 with all consequential benefits of arrears of pay etc. to the extent of 50% of the cadre of Clerks who had completed 5 years of service as on 01.01.1998. The genesis of the said relief as can be culled out from the averments made in the petition is that as per petitioners when benefit of ACP stands given to the employees of the Trust at par with the Government employees then the same also has to be given from the date the same was given to government employees. For this reliance is paled upon notification Annexure P-1.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.