JUDGMENT :

Rajiv Sharma, J.

1. The brief facts necessary for the adjudication of this petition are that the petitioner was appointed as a Clerk in the month of September 1964 in the Court of Sub Judge Ist Class, Kandaghat, District Solan and thereafter he was transferred to the Court of Senior Sub Judge, Shimla in the month of August, 1964. He joined the Registry of the High Court as Junior Translator in August 1971 and was promoted as Assistant in the year 1974. He was promoted as a Superintendent-cum-Leave Reserve Reader in the pay scale of Rs. 450-800 with effect from 5th March, 1977. He was confirmed against the post of Superintendent-cum-Leave Reserve Reader in the pay scale of Rs. 500-900 with effect from September 10, 1979. The Punjab Government created certain posts of Secretaries to the Ministers in the pay scale of Rs. 1400-1850 with a special pay of Rs. 250/- per month. The Punjab and Haryana High Court following the pattern of the Punjab Government also created temporary posts of Secretaries in the pay scale of Rs. 1400-1850 with a special pay of Rs. 250/- per month. The Government of Himachal Pradesh also by following the Punjab pattern created certain posts of Secretaries to the Ministers in the H.P. Civil Secretariat in the pay scale of Rs. 1400-1850 with a special pay of Rs. 250/- per month. The posts were created by the Punjab and Haryana High Court of secretaries with effect from 23rd August, 1983. The High Court made recommendations to the Government of Himachal Pradesh for creation of two posts of Court Secretaries in the year 1983. The recommendations made by the High Court were considered by the State Government but the posts were created in the year 1987 with a rider that the same will be deemed to be created from the date of filling up the same. Two writ petitions bearing No. 39 of 1986 and 817 of 1986 were filed in the year 1986 by Sh. Mehar Singh and M.D. Kaushal. These two writ petitions were disposed of by this Court on 19.7.1989. The operative portion of the judgment dated 19.7.1989 reads thus :

“We allow these petitions only to the extent that a direction shall issue to the State Government to reconsider the question of sanctioning the creation of the posts of Secretary and Court Secretary with effect from the date suggested by the high Court, namely, August 23, 1983. It shall do so in the light of what we have said in this judgment.”

2. In sequel to the directions issued by this Court, the State Government vide notification dated 11.4.1997 altered the date by creating the posts of Court Secretaries with effect from 23rd August, 1983. It would be apt to note at this stage that the petitioner was considered along with Sh. D.D. Kukreti for the post of Court Secretary and was promoted in the year 1989.

3. Mr. Bimal Gupta, Advocate had strenuously argued that his client was required to be considered for promotion to the post of Court Secretary with effect from 23rd August, 1983 with consequential benefits. He had also contended that one Sh. Mehar Singh who was confirmed as Reader with effect from 5th March, 1977 could not be considered for promotion to the post of Court Secretary after the penalty of compulsory retirement was imposed upon him.

4. Ms. Ranjana Parmar, Advocate contended that the petitioner had no right to be considered for promotion retrospectively with effect from 23rd August, 1983 and if he was aggrieved of his non-consideration, he should have immediately approached the Court in the year 1987 when two posts were created.

5. I have heard the parties and perused the record.

6. The position which emerges from the pleadings of the parties is that the petitioner was confirmed as Reader with effect from 19th July, 1983 and one Sh. Mehar Singh was confirmed as Reader with effect from 5th March, 1977. Though detailed averments were made with regard to Sh. Mehar Singh to the effect that he was neither eligible nor qualified to be considered for promotion to the post of Court Secretary but his name w