Full Judgment Text
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PETITIONER:
SH. N.K.SHARMA
Vs.
RESPONDENT:
THE PRESIDING OFFICER LABOUR COURT, SHIMLA & ORS.
DATE OF JUDGMENT: 01/05/1996
BENCH:
K. RAMASWAMY, SUJATA V. MANOHAR
ACT:
HEADNOTE:
JUDGMENT:
THE 1ST DAY OF MAY, 1996
Present:
Hon’ble Mr.Justice K.Ramaswamy
Hon’ble Mrs. Justice Sujata V.Manohar
Mrs. Chandan Ramamurthi, Adv. for the appellant
B.Datta, Sr.Adv. and S.B.Upadhyay, Adv. with him for the
Respondents
O R D E R
The following Order of the Court was delivered:
This appeal by special leave arises against the order
of the High Court of Himachal Pradesh made on 9.12.1994 in
C.W.P.No.435/92. The appellant was initially appointed as a
Store Munshi on 4.10.71 in the work-charged establishment.
Later , he had two promotions, last of them being Store
Keeper in the regular cadre on December 31, 1980 in the pay-
scale of Rs. 260-430/- w.e.f. 1.1.1981. He was later
promoted on 1.1.1986 in the grade of Rs. 330-560/-.
Subsequently, by virtue of negotiation with the Union, the
pay-scale and the promotional avenues of the work charged
employees, who could not get promotion, were rationalised
and by modified scheme dated September 5, 1988, the
respondents had adopted rationalisation scheme and the
scales of pay. Para (b) of the scheme envisages that
although appointment to the regular cadre will be effective
from the date of such appointment, service rendered from the
date of such appointment, service rendered in work charged
posts in the same post and scale of pay will count towards
inter-se seniority in the regular cadre for the purpose of
promotion to next higher scale of pay subject to line of
promotion being available.
It is not in dispute that the appellant earlier was
promoted on selection and became a regular employee. Though
the work charged employees who could not become the regular
employees have the benefit of rationalisation scheme
referred to hereinbefore, since the appellant was in a lower
scale of pay in the work-charged establishment than was
mentioned in the rationalisation scheme, he cannot claim the
higher scale of pay or promotional post on par with his
erstwhile juniors/workcharged employees. The High Court,
therefore, has rightly pointed out that though the appellant
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is entitled to count his service rendered as workcharged
employee for the purpose of seniority and promotion, as far
as the grade seniority is concerned, he cannot get the same
benefit as he was appointed in the grade of Rs. 260-350/- on
September 1, 1973 and regularised w.e.f. 1.1.1981 in the
scale of Rs. 260-430/- which is lower pay-scale than what
was rationalised. Under these circumstances, we do not find
any illegality in the order passed by the High Court.
The appeal is accordingly dismissed. No costs.