Himachal Pradesh High Court
Babu Ram Sharma vs State Of Himachal Pradesh & Ors on 21 December, 2023
Bench: Vivek Singh Thakur, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWPOA No.6283 of 2020 Date of Decision: 21.12.2023 .
_______________________________________________________ Babu Ram Sharma .......Petitioner Versus State of Himachal Pradesh & Ors. ... Respondents _______________________________________________________ The Hon'ble Mr. Justice Vivek Singh Thakur, Judge The Hon'ble Mr. Justice Sandeep Sharma, Judge of Whether approved for reporting1 : Yes.
For the Petitioner: Ms. Sneh Bhimta, Advocate.
For the Respondents: Mr. Ramakant Sharma, Additional Advocate rtGeneral.
____________________________________________________________ Sandeep Sharma, Judge(oral):
Petitioner herein was initially appointed as Peon-cum-
Chowkidar in his parent Department i.e. H.P. State-Co-operative Marketing Consumers Federation Limited on 10.08.1987, however subsequently his services were taken over on secondment basis in the Department of Information and Technology, Government of Himachal Pradesh vide office order dated 10.11.2004 (Annexure A-1) in the pay scale of Rs 2520-4100 plus other allowances, for a period of one year. While petitioner was working on secondment basis with the respondent-Department, he was promoted to the post of Store Keeper in the pay scale of Rs. 3120-110-3660-12-4260-140-4400- 150-5000-160-5160 (with initial start of Rs.3220/-) by his parent 1 Whether Reporters of local newspaper are permitted to see the judgment ?::: Downloaded on - 27/12/2023 20:31:52 :::CIS 2
Department vide office order dated 10.08.2006 (Annexure A-2).
Before the petitioner could be reverted or sent back to his parent Department, five posts of Data Entry Operators/Stenos were created .
in the respondent-Department vide office order dated 24.04.2004 (Annexure A-3) in the pay scale of Rs. 4020-6200/4400-7000/-.
Subsequently, one post of Data Entry Operator was converted to the post of Steno, as a result whereof, now there are four posts of Data of Entry Operators in the respondent- Department. Since, there are no posts of Clerks in the respondent-Department, it had been issuing rt circulars to the other heads of the departments for filing up the posts of clerks on secondment basis. Three Clerks were appointed on secondment basis in the year, 2007 and thereafter in the year, 2010 few more Clerks were taken on secondment basis. After promotion of the petitioner vide order dated 10.08.2006, respondent-Department vide order dated 12.03.2007 (Annexure A-5), accorded approval to the petitioner to draw his salary against the vacant post of Data Entry Operator, who at that relevant time was working as a Store Keeper in the respondent-Department on secondment basis.
2. It is not in dispute that subsequently vide order dated 24.08.2007, petitioner was absorbed as Data Entry Operator in the pay scale of Rs. 4020-6200/- in respondent-Department and since then, he has been working against the post of Data Entry Operator. In ::: Downloaded on - 27/12/2023 20:31:52 :::CIS 3 the month of May 2001, respondent-Department engaged the services of one Sh. Kamal Kishore Sharma as Data Entry Operator on secondment basis from HIMURJA and in July 2005, he was placed in .
the post of Steno in the pay scale of Rs.4400-7000/- on the recommendation of Departmental Promotional Committee (Annexure A-7). Though, post of Steno can only be filled up 100% by Staff Selection Commission as there is no provision for promotion to of the post of Steno from the post of Data Entry Operator, but ignoring aforesaid provision, respondent-Department not only granted benefit rt of conversion from the post of Data Entry Operator to Steno to the petitioner, but also granted him promotion to the post of Junior Scale Stenographer after his absorption, vide order dated 18.06.2007 (Annexure A-9). Since dehors the rules, services of Sh. Kamal Kishore Sharma were taken on secondment basis as Data Entry Operator and he was given four promotions, petitioner, who was working him as Data Entry Operator since, 2007,made representation to the Department (AnnexureA-11) for conversion of three posts of Data Entry Operators to the post of Clerks/ creation of post of Clerks.
Proposal of conversion of post of Data Entry Operator to Clerk was submitted to respondent No.2, but the same was rejected vide letters dated 7.6.2017, 22.03.2018 and 17.07.2018 (Annexure A-12 colly).
::: Downloaded on - 27/12/2023 20:31:52 :::CIS 43. The petitioner, who was working as Data Entry Operator for more than ten years is being denied promotional avenue on the ground that there are no Recruitment and Promotion Rules for the .
post of Data Entry Operator in the respondent-Department. Though, perusal of official noting on AD's files No. IT-B(5)2/2014, reveals that there is no financial implication in converting the posts from Data Entry Operator to Clerk/ Clerk-cum- DEO so that the same could also of be filled up from surplus pool/ from other departments, but yet for no plausible explanation, neither post of Data Entry Operator is rt converted to the post of Clerk nor petitioner is placed in feeder category for the post of Senior Assistant .
4. Repeatedly, case of the petitioner for promotion came to be rejected on the ground that there are no Recruitment and Promotion Rules for post of Data Entry Operator. In the absence of any Recruitment and Promotion Rules, there is no scope for any further promotion until and unless the post is re-designated as Clerk/Junior Office Assistant (IT). Though, in the case of person namely, Kamal Kishore Sharma, whose services were taken over on secondment basis like that of the petitioner, respondent-Department adopted different yardstick and gave him promotion four times, but denied similar benefit to the petitioner, as a result whereof, he is stagnating in one post for more than a decade. It has been averred in ::: Downloaded on - 27/12/2023 20:31:52 :::CIS 5 the petition that in past, respondent-State encountered a similar situation when issue of conversion of post of Data Entry Operator to the post of Clerk in Labour & Employment Department was approved .
by respondent No.2. The sanction for conversion of post of Data Entry Operator to Clerk-cum-DEO in the scale of clerk was approved in the Labour & Employment Department, as is evident from the copy of Notification dated 20.07.2006 placed on record as Annexure A-14, of but yet representation having been filed by the petitioner for conversion of post of DEO to that of Clerk on the analogy of Labour & rt Employment Department vide representation dated 16.12.2017 was not paid any heed and as such, he was compelled to approach erstwhile H.P. State Administrative Tribunal by way Original Application No.189 of 2019, which now on account of its abolishment stands transferred to this Court and has been re-registered as CWPOA No.6283 of 2020, praying therein for following reliefs:-
"i) That the respondents may be directed to give the applicant similar channel of promotion which was given to the similar situated person i.e. Sh. Kamal Kishore Sharma, who was working as Data Entry Operator.
ii) That the respondents may be directed to convert the post of Data Entry Operator to the post of Clerk on the analogy of the conversion of Labour & Employment Department or in alterative the R&P Rules for the post of Data Entry Operator be framed ::: Downloaded on - 27/12/2023 20:31:52 :::CIS 6 which should provide the channel of promotion to the post and further the applicant be given benefit of promotion in accordance with the same.
iii) That the respondents may be directed not to .
stagnate the applicant on the post of Data Entry Operator and he should be promoted."
5. Pursuant to the notices issued in the instant proceedings, respondents have filed reply, wherein facts detailed in the petition are of not disputed, rather stand admitted. It has been stated that Department of Information and Technology has made best efforts to take up the case of the petitioner with the Finance Department many rt times for conversion of the post of Data Entry Operator to the post of Clerk, but Finance Department has conveyed its inability to convert the post of Data Entry Operator to Clerk (Annexures R-3 to 6).
Besides above, it has been stated in the reply that petitioner cannot claim parity with Kamal Kishore Sharma, who though was appointed as a Data Entry Operator on secondment basis from HIMURJA, but after his absorption was given not only benefit of conversion of post from Data Entry Operator to Steno, but was also given promotion on the ground that Kamal Kishore Sharma was a post graduate, whereas petitioner was just a matriculate. It has been stated in the reply that in view of academic qualification of Kamal Kishore Sharma, he cannot be equated with the petitioner. Lastly, it is denied that petitioner was not granted promotion avenue on higher post, because Department ::: Downloaded on - 27/12/2023 20:31:52 :::CIS 7 of Information and Technology absorbed the petitioner as Data Entry Operator in the pay scale of Rs.4020-6200/,- whereas the scale of store keeper/Clerk was Rs. 3120-5160 with initial start of Rs. 3220/-.
.
6. We have heard learned counsel for the parties and have gone through the record carefully.
7. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Ms. Sneh Bhimta, of learned counsel for the petitioner, is that since the year, 2007 petitioner is stagnating on one post i.e. Data Entry Operator, but rt despite there being repeated representations, no steps are being taken by Department for framing Recruitment & Promotions Rules for the post of Data Entry Operator or for conversion of post of Data Entry Operator to clerk-cum- Data Entry Operator in the scale of clerk, which was otherwise subsequently approved in the Department of Labour and Employment, Government of Himachal Pradesh vide Notification dated 20.07.2006.
8. Careful perusal of the pleadings, as taken note hereinabove, reveals that petitioner was appointed as a Peon-cum-
Chowkidar in the year, 1987, but subsequently he was promoted to the post of store keeper vide order dated 10.11.2004. Petitioner was appointed as Data Entry Operator in the pay scale of Rs.4020-6200/-
vide order dated 24.8.2007 and his services were absorbed by the ::: Downloaded on - 27/12/2023 20:31:52 :::CIS 8 respondent-Department. During proceedings of the case, this Court specifically called upon learned Additional Advocate General to place on record Administrative structure of posts in the Department of .
Digital Technologies & Governance, Himachal Pradesh, which is as under:-
Sr. No. Designation of the post No. of post
sanctioned
1. Director, IAS 1
of
2. Addl./Joint Director (Admin), 1
HPAS
3. Additional Director (IT) 1
4. Joint Director (IT) 1
5.
6.
rt Deputy Director (IT)
Manager (IT)
1
2
7. Deputy Manager(IT) 2
8. Assistant Controller (F&A) 1
9. Superintendent-1 1
10. Superintendent-II 1
11. Personal Assistant 1
12. Sr. Scale Stenographer 1
13. Assistant Programmer 4
14. Senior Assistant 1
15. Steno Typist 1
16. Data Entry Operator 4
17. Junior Office Assistant(IT) 10
18. Driver 2
19. Peon 1
20. Peon-cum-Sweeper 1
Total 41
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9
9. Perusal of afore detail, clearly reveals that at present there are four posts of Data Entry Operators and there is no post of .
clerk, rather 10 posts of Junior Assistants (IT) in the pay scale of Rs.
20600-65500/- (old scale Rs. 5910-20200+1950 (GP) are available).
During arguments, learned Additional Advocate General fairly admitted that posts of Clerks in various Departments in Himachal of Pradesh have been now re-designated as JOA (IT). Though, since the year, 2007, petitioner herein has been working as Data Entry Operator, but till date, has been not able to earn any promotion on rt account of non-framing of Recruitment & Promotions Rules for the post of Data Entry Operator as well as non-inclusion of category of Data Entry Operator in the feeder category for the promotion to the higher post i.e. Senior Assistant .
10. At this stage, it would be also apt to take note of pay structure, new as well as old, qua five categories of posts available in the Department i.e. JOA(IT), Clerk, Junior Assistant, Senior Assistant and Data Entry Operator, which reads as under:-
JOA(IT) Clerk Jr. Assistant Sr. Assistant DEO Level-4 Level-3 Level-11 Level-6 20600-65500 20200-64000 Not 38500- 25600-
implemented 122700 81200
by Department
Old scale Old scale Old scale Old scale Old scale
5910- 5910- 10300- 10300- 5910-
20200+1950 20200+1900 34800+3600(G 34800+3800 20200+2
(GP) (GP) after two P) (GP) 400(GP)
::: Downloaded on - 27/12/2023 20:31:52 :::CIS
10
years 10300-
34800+3200
(GP)
11. Perusal of Recruitment & Promotions Rules for the post .
of Senior Assistant, which were made available to this Court during arguments, reveals that post of Senior Assistant Class-III shall be filled up by promotion amongst following categories:-
11. In case of recruitment by By promotion from amongst promotion/ secondment /transfer, the incumbents of Clerical of grade(s) from which promotion/ cadre of Clerk(s), Junior secondment/transfer is to be Assistant(s) of the made Secretariat Administration Services with seven years regular service or regular rt combined with continuous adhoc service rendered, if any, in the grade.
12. Though, pay of JOA (IT), Clerk, Junior Assistant, who are otherwise entitled to be promoted against the post of Senior Assistant as per Recruitment & Promotions Rules, as taken note hereinabove, is almost at par with category of Data Entry Operator, but yet category of Data Entry Operator is not entitled for promotion to the post of Senior Assistant for the reason that there are no Recruitment & Promotions Rules for the post of Data Entry Operator. Reply filed by the respondents itself suggests that neither Recruitment & Promotions Rules stand framed for the post of Data Entry Operator nor any further promotional avenue for the post of Data Entry Operator to the post of other higher scale is available. Though, Department of Information and Technology repeatedly requested Finance ::: Downloaded on - 27/12/2023 20:31:52 :::CIS 11 Department for conversion of the post from Data Entry Operator to Clerk, but every time Finance Department conveyed its inability to convert the post of Data Entry Operator to the post of Clerk, for .
unknown reasons.
13. Official noting of AD's File No. IT-B(5)2/2014, if perused in its entirety, clearly reveals that there is no financial implication in converting the post from Data Entry Operator to clerk/clerk-cum- Data of Entry Operator, rather if conversion is permitted, same would enable category of Data Entry Operator to be considered for promotion to the rt post of Senior Assistant alongwith other feeder categories of JOA(IT), Clerk and Junior Assistant. It would be apt to take note of the relevant extract of the aforesaid noting, which reads as under:-
" The pay scale of DEO is 5910-20200+2400 GP and the pay scale of clerk is Rs. 5910=20200+1900. Initially the post of DEO was higher that clerk. The department of Finance vide letter dated 27.0- 9.2012 has revised the common categories/posts on the recommendation Punjab Government. It is needless to mention here that all the categories/posts have been revised except to DEOs (F/"A"). The AD has also submitted that in Punjab Government, there is no post of the DEO neither any R& P Rules were framed in HP as well as Punjab Government. After the revision of pay scale 27.09.2012 all the categories were revised and the pay scale of the clerk of Rs. 59810-20200+1900 GP initial start are Rs.7810/- and thereafter basic pay + GP will be given after two years of regular service Rs. 10300-34800+3200 GP to initial start Rs.13,500/-. Presently both the incumbents has already crossed the scale of Rs. 13500/-. It is also submitted that out of total 4 posts of ::: Downloaded on - 27/12/2023 20:31:52 :::CIS 12 DEO 2 posts are lying vacant last four years, due to non-availability of the similar cadre of the post in different department of H.P."
14. Bare perusal of afore noting clearly reveals that petitioner .
is unable to get promotion on account of non-availability /non-framing of Recruitment & Promotions Rules for the post of Data Entry Operator as there is no post of Data Entry Operator in the State.
Interestingly, though post of Data Entry Operator, four in number, of exist in the cadre, as has been taken note in Administrative structure, but till date, no Recruitment & Promotions Rules have been framed.
rt However, it is not in dispute that appointment of the petitioner against the post of Data Entry Operator is regular. Since, appointment of the petitioner against the post of Data Entry Operator is regular in nature, he otherwise cannot be denied benefit of promotion on the ground that there are no Recruitment & Promotions Rules for the post of Data Entry Operator, which otherwise ought to have been framed by the Department concerned, so that no undue hardship is caused to persons manning such posts.
15. Though, it came to be argued on behalf of learned Additional Advocate General that only few posts of Data Entry Operators are left in the Department, as a result of that, cadre of Data Entry Operators may be declared as dying cadre, but such plea may not be sufficient to defeat the claim of the petitioner for promotion to the post of higher post, to which he admittedly otherwise is eligible on ::: Downloaded on - 27/12/2023 20:31:52 :::CIS 13 account of his being equally situate to other categories, which are included in the feeder category for promotion to the post Senior Assistant i.e. JAO(IT), Clerk and Junior Assistant etc. .
16. Leaving everything aside, this Court finds that person namely, Sh. Kamal Kishore Sharma, who was similarly situate to the petitioner, has been not only given benefit of conversion of post from Data Entry Operator to Clerk, rather after his being converted from of Data Entry Operator to Clerk has been given further promotion to the post of Steno, as a result thereof, he has become entitled to rt promotion to the post of Senior Assistant in terms of Recruitment & Promotions Rules framed for the post of Senior Assistant Class-III.
Interestingly, Department in their reply has stated that petitioner cannot claim parity with Kamal Kishore as he was highly qualified.
Once, it is not in dispute that both petitioner and Kamal Kishore were working in the respondent-Department on secondment basis and subsequently, their services were absorbed as Data Entry Operators on secondment basis and Kamal Kishore was given promotion to the post of Steno, plea of educational qualification as sought to be raised cannot be permitted to be raised by the Department to defeat the claim of the petitioner, who for all intends and purposes is similar situate to Kamal Kishore Sharma.
::: Downloaded on - 27/12/2023 20:31:52 :::CIS 1417. Noting of the Department, as taken note hereinabove, clearly reveals that in absence of any Recruitment & Promotions Rules, there is no scope for any further promotion until and unless the .
post is re-designated as Clerk/Junior Assistant, petitioner would be compelled to stagnate at one post i.e. Data Entry Operator against which, he has been working since the year, 2007. It is not understood that once there is no financial implication in converting the post from of Data Entry Operator to Clerk/Clerk-cum-Data Entry Operator, why approval is not being given by the Competent Authority, especially rt when in similar facts and circumstances, permission to convert post of Data Entry Operator to Clerk-cum-Data Entry Operator was granted in the Labour and Employment Department, as has been specifically taken note hereinabove. As has been noticed hereinabove, there are no posts of Clerks in the Department, as a result thereof, persons manning the posts of Data Entry Operators are compelled to perform the work of Clerk, which fact has been otherwise not disputed by the Department in its reply. Duties being performed by Data Entry Operator are similar to those of Clerk, but yet they are being denied the benefit of promotion solely on the ground that there are no Recruitment & Promotions Rules for the post of Data Entry Operator, which otherwise could only be framed by the Department.
::: Downloaded on - 27/12/2023 20:31:52 :::CIS 1518. Perusal of Notification 9.10.2017 and RTI information received by the petitioner clearly reveals that status of Data Entry Operator in the Department is equivalent to the post of Clerk. It has .
been categorically stated in the aforesaid notification and information that there are no posts of Clerks in the respondent-Department, but Data Entry Operators are assisting the officers at higher level in the Department for putting up the files and tying etc. It is evident from the of aforesaid noting that posts of Data Entry Operators and Clerks are interchangeable. Copy of Notification dated 9.10.2017 and information rt given under RTI Act about the Data Entry Operators in the respondent-Department have been placed on record as Annexure A-
16(colly).The relevant extract of aforesaid information is reproduced hereinbelow:-
" There is no post of Clerks in the Department of Information Technology. In the department we are proposing DEOs instead of Clerks as most of the files are technical in nature. These DEOs will assist the officers at higher level in the department for putting up the files and typing etc."
19. Otherwise also, it is well settled that there should be at least two or three promotional avenue to every employee to improve public service and reduce/remove stagnation and avoid frustration amongst the employee. Reliance in this regard is placed upon the judgment rendered by Hon'ble Apex Court in Food Corporation of ::: Downloaded on - 27/12/2023 20:31:52 :::CIS 16 India and others vs. Parshotam Das Bansal and others, (2008) 5 SCC100, wherein it has been categorically held that higher courts can issue directions to State/Employer to frame a scheme for providing .
promotional avenues to these categories, who have been deprived of this privilege. In Satyanarayana and others versus S. Purushotham and others, (2008) 5 SCC 416, Hon'ble Apex Court reiterated that purpose of promotion is to remove stagnation and of avoid frustration amongst the employees.
20. Reliance is also placed upon the judgment rendered by rt Hon'ble Apex Court in State of Tripura and others versus K.K.Roy, (2004) 9 Supreme Court Cases 65, wherein it came to be held that State cannot escape from its constitutional obligation and take a stand that the employee accepted the offer of appointment knowing well that there was no avenue for promotion. The relevant para Nos. 5 and 6 of aforesaid judgment are as under:-
" 5. "...Promotion is thus a normal incidence of service. There too is no justification why while similarly placed officers in other ministries would have the benefit of promotion, the non-medical 'A' Group scien- tists in the establishment of Director General of Health Services would be deprived of such advantage. In a welfare State, it is necessary that there should be an efficient public service and, therefore, it should have been the obligation of the Ministry of Health to attend to the re- presentations of the Council and its members and provide promotion- al avenue for this category of officers..."
6. It is not a case where there existed an avenue for promotion. It is also not a case where the State intended to make amendments in the promotional policy. The appellant being a State within the meaning of Article 12 of the Constitution should have created promotional avenues for the respondent having regard to its constitutional obligations adumbrated in Articles 14 and 16 of the Constitution of ::: Downloaded on - 27/12/2023 20:31:52 :::CIS 17 India. Despite its constitutional obligations, the State cannot take a stand that as the respondent herein accepted the terms and conditions of the offer of appointment knowing fully well that there was no avenue of appointment, he cannot resile therefrom. It is not a case where the principles of estoppel or waiver should be applied having regard to the constitutional functions of the State. It is not .
disputed that the other States in India Union of India having regard to the recommendations made in this behalf by the Pay Commission introduced the scheme of Assured Career Promotion in terms whereof the incumbent of a post if not promoted within a period of 12 years is granted one higher scale of pay and another upon completion of 24 years if in the meanwhile he had not been promoted despite existence of promotional avenues. When questioned, the learned counsel appearing on behalf of the appellant, even could not point out that the State of Tripura has introduced such a scheme. We wonder as to why such a scheme was not introduced by the Appellant like the of other States in India, and what impeded it from doing so. Promotion being a condition of service and having regard to the requirements thereof as has been pointed out by this Court in the decisions referred to hereinbefore, it was expected that the Appellant should have followed the said principle."
rt
21. True, it is that in aforesaid case Hon'ble Apex Court held that no direction can be issued to the State to grant pay scale equivalent to particular pay scale and promotion, but certainly it can direct to take steps for framing scheme, so that no undue prejudice and hardships are caused to the employee.
22. In similar facts and circumstances, High Court of Chhattisgarh in case titled Rampravesh Pathak vs. State of Chhattisgarh, WPS No.4602 of 2021, decided on 6th September 2021, directed Department concerned to consider the prayer made on behalf of the petitioner in that case for amendment of Recruitment and Promotion Rules, so that stagnation of the petitioner at one post is avoided.
::: Downloaded on - 27/12/2023 20:31:52 :::CIS 1823. True, it is that while exercising power under Article 226, this Court cannot issue mandamus directing State to amend the Rules, especially when the power to amend the rules is exclusively .
with the domain of the State authorities, but having taken note of genuine grievance of the petitioner, certainly this Court can call upon the respondents to frame Recruitment and Promotion Rules for the post of Data Entry Operator or for inclusion of their names in the of feeder category for promotion to the post of Senior Assistant. No doubt, till the time there are no Recruitment and Promotion Rules for rt the post of Data Entry Operator, they cannot be seek their inclusion in the feeder category on the post of Senior Assistant, but in peculiar facts and circumstances, where Government is not intending to frame Recruitment and Promotion Rules for the post of Data Entry Operators for the reason that it may become dying cadre soon, coupled with the fact that petitioner had been stagnating at one post of Data Entry Operator since year, 2007 and one similar situate person Kamal Kishore Sharma has been already given benefit of conversion from the post of Data Entry Operator to Clerk, respondent-
State being welfare State can always accede to the request of Administrative Department for conversion of post of Data Entry Operator to Clerk, as a result thereof, petitioner and other similar situate persons may become entitled for promotion to the post of ::: Downloaded on - 27/12/2023 20:31:52 :::CIS 19 Senior Assistant after their being included in the feeder category. As has been observed hereinabove, pay scale of all the categories i.e. JOA(IT), Junior Assistant, Clerk and DEO are almost same, no .
prejudice, if any, shall be caused to other categories of JOA(IT), Junior Assistants and Clerks, rather one category, who is suffering for no fault of it, would also become entitled for promotion to the higher post.
of
24. Otherwise also, respondents cannot deny creating promotional avenues for the petitioner having regard to its rt constitutional obligations adumbrated in Articles 14 and 16 of the Constitution of India. Besides aforesaid constitutional obligations, the respondent cannot take a stand that the petitioner accepted the terms and conditions of the offer of appointment knowing fully well that there was no avenue for promotion. In plethora of judgments, it has been held by Hon'ble Apex Court that when employee has been denied an opportunity of promotion for long years on the ground that he fell within the category of employees, excluded from promotional prospects, the superior court will have the jurisdiction to issue necessary direction. It has been repeatedly held that every management must provide realistic opportunities for promising employees to move upward because organization which fails to develop a satisfactory procedure for promotion is bound to pay a ::: Downloaded on - 27/12/2023 20:31:52 :::CIS 20 severe penalty in terms of administrative costs, misallocation of personnel, low morale and ineffectual performance, among both, non-
managerial employees and their supervisors.
.
25. Since, it is not in dispute that respondent-State accorded approval for conversion of post of Data Entry Operator to Clerk in the Labour and Employment Department vide Notification dated 20.07.2006(Annexure A-14), prayer made on behalf of the petitioner of otherwise deserves to be considered and allowed by the Department because if denied, would amount to infringement of Article 14 of the rt Constitution of India. Reliance in this regard, judgment rendered by Hon'ble Apex Court in Dr. Ms. O.Z. Hussain Versus Union of India, 1990(Supp) Supreme Court Cases 688, wherein it has been held as under:-
"7.This Court, has on more than one occasion, pointed out that provision for promotion increases efficiency of the public service while stagnation reduces efficiency and makes the service ineffective. Promotion is thus a normal incidence of service. There too is no justification why while similarly placed officers in other Ministries would have the benefit of promotion, the non-medical 'A' Group scientists in the establishment of Director General of Health Services would be deprived of such advantage. In a welfare State, it is necessary that there should be an efficient public serv- ice and, therefore, it should have been the obligation of the Ministry of Health to attend to the representations of the Council and its members and provide promotional avenue for this category of officers. It is, therefore, necessary that on the model of rules framed by the Ministry of Science and Technology with such alterations as may be necessary, appropriate rules should be framed within four months from now providing promotional avenue for the 'A' category scientists in the non-medical wing of the Directorate."::: Downloaded on - 27/12/2023 20:31:52 :::CIS 21
26. Consequently, in view of detailed discussion made hereinabove as well as law taken into consideration, we find merit in the present petition and accordingly same is disposed of.
.
Respondents are directed to consider the case for framing of Recruitment and Promotion Rules for the post of Data Entry Operator and to provide promotional channel to the petitioner. However, in case the respondents feel incapacitated to do so, for the reason that the of cadre of Data Entry Operators is a 'dying cadre', respondents are directed to consider the case for conversion of the posts of Data Entry rt Operators to those of Clerks or Clerks-cum-Data Entry Operators, so that the petitioner is not compelled to stagnate on one post. Since the petitioner has been fighting for his rightful claim for a considerable time, this Court hopes and trusts that the needful in terms of the extant directions, shall be done expeditiously, preferably within a period of six weeks.
27. The petition stands disposed of in the afore terms. Pending applications, if any, also stands disposed of.
(Vivek Singh Thakur) Judge (Sandeep Sharma), Judge December 21, 2023 (shankar) ::: Downloaded on - 27/12/2023 20:31:52 :::CIS