Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA, J.
Amar Nath - Petitioner
Versus
Himachal Pradesh Road Transport Corporation and Ors - Respondents
CWPOA No. 4808 of 2019
Decided On : 22-03-2021
Administrative Tribunal Act, 1985 – Sections 2, 21 – Services – Regular promotion – 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, 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) – Petitioner accepted the aforesaid offer and joined against the post of Assistant Manager. Respondent Corporation did not make any regular promotion to 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 material available on record that at that relevant time, 40 point roster was being followed by respondent for purpose of promotion. – As per aforesaid 40 point roster, 1st, 8th, 14th, 22nd, 28th and 36th roster points were to be given to Scheduled Caste category. – Held, Court sees no merit in claim of petitioner, but even otherwise, acceptance of claim of petitioner at this belated stage would amount to unsettling seniority, which stood settled way back in 1996. – In the case at hand, petitioner has approached court after an inordinate delay as has been taken note in earlier part of the judgment and hence, acceptance of claim of the petitioner, which has otherwise no merit at this stage, would result into multiplicity of litigation. – Another submission made on behalf of petitioner that since vacancy against which, he has been promoted w.e.f. 1996 had fallen vacant w.e.f. 26.12.1994, DPC ought to have promoted him w.e.f. 26.12.1994, has no merit because minutes of DPC proceedings held, clearly reveal that all the vacancies starting from 1990 came to be filled up on regular basis and all eligible candidates were given promotion on regular basis from date of their ad-hoc promotion to the post in question. – Since in the case at hand, petitioner was given ad-hoc promotion and he joined against aforesaid post, he has been rightly given promotion on regular basis against post of Regional Manager from aforesaid date. – Court finds no merit in claim of petitioner – Petition Dismissed
JUDGMENT :
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:
2. Regional Manager (Traffic) 1 post.
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:
2. Superintendent Grade-1 etc.,
3. Assistant Manag
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
