Cannot convert Class-IV post to Clerk ignoring recruitment rules; invalid experience certificate insufficient; FR49 requires formal higher appointment, inapplicable to identical pay scales; claim barred by delay, laches, acquiescence. (32 words)

JUDGMENT :
Ranjan Sharma, Judge

Petitioner, Hans Raj Sharma, a retired Laboratory Attendant (Class-IV) has come up before this Court, seeking the following reliefs:

(i) That the respondent may kindly be directed to convert the posting of applicant from Laboratory Attendant to clerk from the date of his initial appointment i.e. 1988.

(ii) Respondents be further directed to grant all consequential benefits such as increment, pay scale and promotion from due date arising out of the service rendered by the applicant as clerk in pursuant to various office order issued by the respondent University.”

FACTUAL MATRIX:

2. Grievance is that on 19.05.1988 [Annexure R-1], the petitioner was appointed as Store-Mate (Class-IV) and he had joined on 20.05.1988 but respondents have made the petitioner to perform duties of a Clerical nature, which is borne out from Certificate dated 31.08.1995 (Annexure A-1) issued by Dean, College of Horticulture of University. It is averred that even after being promoted as a Laboratory Attendant (Class-III) on 19.07.2007 (Annexure A-3) in the pay scale of Rs 3120-5160, once Respondent-University has made the petitioner to perform the work of a Clerk, since his initial appointment and even after his promotion as such therefore, the petitioner may be converted as Clerk [Class-III] from the date of initial appointment as Storekeeper [Class-IV] in May 1988 and even after being promoted as Laboratory Attendant [Class-III] on 19.07.2007 till day for all intents and purposes. In-addition, it is also prayed that the benefit of Fundamental Rule 49 and all service benefits i.e. pay scale, increments, seniority, ACP etc. for having worked as Clerk from date of initial appointment i.e. May, 1988.

STAND OF RESPONDENT-UNIVERSITY IN REPLY- AFFIDAVIT:

3. Upon issuance of notice, in O.A. No. 1494 of 2019, by the erstwhile Himachal Pradesh State Administrative Tribunal on 10.04.2019, the Respondents did not file reply. After abolition of Tribunal, the Original Application stood transferred to this Court and was renumbered as CWPOA No.6630 of 2020. Instant matter was listed on 17.10.2023, when Respondent-University was granted last chance to file the reply and accordingly, the Respondents-University filed the Reply-Affidavit dated 05.12.2024 of Registrar, Dr. Y.S. Parmar University of Horticulture and Forestry, Nauni, District Solan, Himachal Pradesh.

3(i). Reply-Affidavit indicates that petitioner was appointed as Store Mate [Class-IV] on 19.5.1988. Reply-affidavit indicates that the Respondent-University framed the Recruitment & Promotion Rules for post of Clerk on 16.11.2010 to which a corrigendum was issued on 26.11.2020 [Annexure R-1], providing that 70% posts of Clerks were to be filled by direct recruitment and 20% by promotion from amongst Class-IV officials possessing 10+2 qualification through “competitive examination” from amongst persons possessing minimum 5 years regular service including service rendered as daily waged/contract or adhoc basis, if any, in the grade and 10% posts were to be filled by promotion from Class-IV Officials, who have passed 10+2 examination or its equivalent from a recognized Board of School Education /University and possess five years regular service or regular combined with continuous adhoc service in the grade. Para 4 of the Reply-Affidavit indicates that petitioner has filed an Original Application No 6711 of 2018, bef