The main legal point established is that an employee should be promoted to a higher position after completing the required years of service in the feeder category, and the availability of posts should be considered in such promotions.

JUDGMENT

Sandeep Sharma, J. - Petitioner, who is a diploma holder in Civil Engineering, was appointed as Work Inspector on daily wage basis w.e.f. 1.6.1990 in the department of PWD, Himachal Pradesh. Services of the petitioner, subsequently, came to be regularized w.e.f. 21.3.2003 in terms of the regularization policy framed by the State of Himachal Pradesh and in that process, was assigned Seniority No. 1133 in the final seniority list of Work Inspectors issued by the respondents. However, subsequently, pursuant to the directions issued by the Division Bench of this Court, in CWP filed by some of the similarly situate persons, regularization of the petitioner against the post in question was also made from the retrospective date and accordingly, the corrigendum was issued by respondent No.2 to this effect and seniority number of the petitioner was changed from 1133 to 967(A) (Annexure A-1). Reply of the respondents revels that the category of Work Inspector alongwith 27 other industrial and non-industrial categories stands re-designated as Junior Technician with job specification vide Govt. notification No.Fin-(C)B(7)-6/88-VI dated 30.8.1997, followed by Notification No. Fin-(C)B(7)-6/88-VI dated 24.3.1998 w.e.f. 1.1.1986, (Annexure R-1 alongwith reply field by the respondents). Newly formed category of Junior Technician came to be granted three tier pay scale in the ratio of 20:30:50 as per their circle seniority. The Junior most 50% of the total cadre strength of Technician is to be placed as Junior Technician (Work Inspector) in the pre-revised pay scale of Rs. 3120- 5160, next senior 30% as Technician Grade-II (Work Inspector) with pay scale of Rs. 4020-6200 and the senior most 20% are to be placed as Technician Grade-I (Work Inspector) in the pay scale of Rs. 4550-7220, w.e.f. 1.1.1996. Petitioner being appointee of year 1.1.2001 as Work Inspector was to be placed as Junior Technician (Work Inspector) in the pre-revised pay scale of Rs.3120-5160 in terms of notification dated 30.8.1997 (Annexure R-1). Thereafter, as per circle seniority of Junior Technician Work Inspector) to which the petitioner belongs, he was to be placed as Technician Grade-II (Work Inspector) and thereafter, as Technician Grade-I Work Inspector) in the ration of 20:30:50. The category of Work Inspector now Junior Technician (Work Inspector) is one of the feeder category for promotion to the post of Junior Engineer (Civil). Petitioner being fully qualified to be promoted to the post of Junior Engineer (Civil) came to be promoted w.e.f. 31.12.2005, against 3.5% quota meant for Diploma holder Junior Technician (Work Inspector) under Clause-11 (iv) of R&P Rules of Junior Engineer (Civil) i.e. Annexure A-2. Though pursuant to aforesaid promotion order issued by the respondent, petitioner joined on 4.1.2006, but since he was not granted promotion immediately after completion of three years service in the feeder category of diploma holder Work Inspector, he made representations to the department to promote him to the post of Junior Engineer (Civil) against 3.5 % quota meant for diploma holder from the date of his having completed three years service in the feeder category i.e. Work Inspector now Junior Technician. Besides above, petitioner also claimed higher pay scales in the cadre of Work Inspector now Junior Technician (Work Inspector), but such prayer of him was also not acceded to by the respondents on the ground that after the issuance of notification dated 30.8.1997, common category of Junior Technician (Work Inspector) has been granted three tier pay scale which has been further clarified by the Government/Finance Deptt. vide letter No. Fin(PR) B(7)-45/2010 dated 29.5.2014.

2. As per respondents, after revision of 1.1.1996, pay scale of Rs. 5000-8100/- never remained in force and as such, he is not entitled to be granted higher pay scale. In the aforesaid background, petitioner filed OA No. 2992 of 2017 before the Erstwhile HP State Administrative Tr