NDLI: H.p. State Electricity Board Vs. Shri K.r. Gulati

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law : Himachal Pradesh State Electricity Board Recruitment and Promotion (Regulations) for Ministerial Employees of the Board 1972: Promotion
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law :Himachal Pradesh State Electricity Board Recruitment and Promotion (Regulations) for Ministerial Employees of the Board, 1972: Promotion-Substantive Junior Scale Stenographer-Promoted on adhoc basis to the post of Head Clerk-18 Posts of Junior scale Stenographers upgraded to Senior scale Stenographers-Departmental Promotion Committee holding him unsuitable for the post of Senior Stenographer on the ground that he has lost touch in stenography-Tribunal's direction to treat him as promoted with retrospective effect with all consequential benefits-On appeal, held, the respondent being a substantive Junior Scale Stenographer, entitled to be considered for promotion to the post of Senior scale Stenographer-The Departmental Promotion Committee erred in holding him unsuitable merely on the ground that he had lost touch in stenography-Direction of the Tribunal is wholly without jurisdiction and unsustainable in law-Constitution of India; Articles 14 and 16. The respondent initially joined the Public Works Department as a Clerk and was subsequently appointed and confirmed on the post of Stenotypist. On the constitution of the appellant-Board the Department of Multi Purpose Project & Power was closed. The said Board took over the services of all the erstwhile employees of the Department on fresh contract. The K appellant-Board issued an offer of appointment to the respondent, which he accepted and became an employee of the appellant-Board as Junior Scale Stenographer. Subsequently he was promoted on adhoc basis to the post of Head Clerk.In the meantime 18 posts of Junior Scale Stenographers were upgraded to Senior scale Stenographers, but respondent was not considered for the upgraded post of Senior Stenographer. Aggrieved, he filed a writ petition and the High Court held that the respondent should be considered for promotion to the post of Senior Stenographer. However, the Departmental Promotion Committee taking the view that the respondent has Lost touch with Stenography and typing, did not recommend his case for the post of Senior Scale Stenographer. The respondent filed a contempt petition which was dismissed. The second contempt petition filed by the respondent with others also stood dismissed. The respondent then approached the Tribunal which directed the appellant-Board to treat the respondent as having been promoted as Stenographer w.e.f. 31.5.1996 with all consequential benefits on the ground that the respondent being the holder of the post of Steno-typist on substantive basis was entitled to be considered for promotion in his own stream; since an employee junior to the respondent was promoted to the post of stenographer, respondent would be entitled to consequential benefits above him.Aggrieved by the decision of the Tribunal, the appellant-Board has filed the present appeal,On behalf of the appellant-Board it was contended that the Tribunal could not have given a direction to the Board to promote the respondent w.e.f. 31.5.1996 when the Board itself was not in existence on that date; the Tribunal erred in issuing the impugned directions in the absence of State Government and the junior employees being made party to the proceedings; when the respondent has accepted the post of Lower Division Clerk and having been promoted to the post of Head Clerk, there is no infringement of his rights in not considering him for the upgraded post of Senior Stenographer.
Judge	Honble Mr. Justice G.B. Pattanaik
Neutral Citation	1998 INSC 54
Petitioner	H.p. State Electricity Board
Respondent	Shri K.r. Gulati
SCR	[1998] 1 S.C.R. 502
Judgement Date	1998-02-03
Case Number	10189

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