The Cabinet has the authority to retract discretionary promotions when not based on formal Recruitment & Promotion Rules, and no enforceable right exists for further promotion.

JUDGMENT :

(Sandeep Sharma, J.)

By way of instant petition filed under Article 226 of the Constitution of India, petitioner has prayed for following main reliefs:

“(i)That impugned Annexure P-10 dated 31st July 2019 as also N-474 of Annexure P-11 & Annexure P-13, dated 2nd January, 2020 may very kindly be quashed and set aside;

(ii) That this Hon’ble Court may very kindly be pleased to direct the respondents to implement the decision taken by the Council of Ministers in its meeting held on 10th April, 2017 in its entirety by extending all benefits which may accrue on account of such decision, in the interest of law and justice.

(iii) That the respondents, particularly respondent No.1, may very kindly be directed to grant grade pay Rs.7800/- to the petitioner on and w.e.f. 7th October, 2017, when the petitioner was promoted to the post of Joint Registrar, and to pay arrears alongwith interest at the rate of 9% per annum.”

2. For having bird’s eye view, the facts as emerge from the pleadings adduced on record by the respective parties are that petitioner, who was initially appointed as Steno Typist/Jr. Scale Stenographer in Himachal Pradesh Judicial Department in the Year 1988, was appointed as Sr. Scale Stenographer in District Consumer Disputes Redressal Forum, Shimla in the month of August 1995. In month of February 2008, petitioner was promoted as Personal Assistant and thereafter, in December 2011, he was promoted as Private Secretary and was posted in Himachal Pradesh State Consumer Disputes Redressal Commission (in short “the Commission”).

3. On 1.10.2015, petitioner being fully eligible and qualified came to be promoted to the post of Assistant Registrar on the establishment of Commission in the pay scale of Rs. 15600-39100+5400/- Grade Pay. For completion of facts, it is pertinent to take note that one Sh. Sita Ram Dhiman, the then Assistant Registrar filed Writ petition before this court, which subsequently came to be transferred to erstwhile HP Administrative Tribunal, seeking revision of pay scale of the post of Assistant Registrar to bring it at par with post of Assistant Registrar on the establishment of High Court of Himachal Pradesh. Erstwhile Tribunal vide order dated 3.8.2017 passed in TA No. 6096 of 2015, directed the competent authority to grant pay scale of Rs. 10025-15100 +Rs.800/- as special allowance to Sh. Sita Ram Dhiman from due date by equating the post of Assistant Registrar at par with the coordinate post of Assistant Registrar on the establishment of High Court of Himachal Pradesh (Annexure P-1). Petitioner herein also filed OA No. 5488 of 2018 before the erstwhile Tribunal. In the afore proceedings erstwhile Tribunal directed the respondents to extend similar benefits to the present petitioner as well as similarly situate persons granting them pay scale as is applicable to the post of Assistant Registrar in the High Court.

4. During aforesaid period, draft Recruitment & Promotion Rules (Annexure P-2) were prepared by the respondent-Commission for the post of Registrar on the establishment of the Commission, which though were accepted by respondent No.2, but Council of Ministers in its meeting held on 4.3.2016 did not approve the same and ordered that post of Registrar be encadred in HAS (Annexure P-3).

5. On 10.4.2017, draft rules were submitted before the Council of Ministers for third time. In the proposal, three points were placed for consideration before the Council of Ministers, out of which, points No. (i) and (ii) were rejected while approval was given to point No.(iii), whereby Registrar was to be retained in HAS Cadre and proposal given in para 6 was to be further processed. Para 6 of memorandum for the consideration of Council of Ministers, reads as under:

“6. While CMM has already decided that Registrar will be from HAS only, following is proposed:

(i) Assistant Registrar may be promoted as Joint Registrar after service of two (02) years and Additional Registrar after service of four (04) years (b