Punjab-Haryana High Court
Mohan Mala vs State Of Haryana And Others ... on 2 February, 2010
Author: Permod Kohli
Bench: Permod Kohli
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP. No. 15062 of 1993
Date of Decision: 2.2.2010.
Mohan Mala --Petitioner
Versus
State of Haryana and others --Respondents
CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.
Present:- Mr. I.D. Singla, Advocate for the petitioner.
Mr. Rameshwar Malik, Addl. A.G., Haryana.
***
PERMOD KOHLI.J (ORAL) While working as Clerk the petitioner was promoted as Statistical Assistant on 22.1.1992 till the regular incumbent joined. The post of Statistical Assistant was in pay scale of Rs. 1400-2600/-. Pay scale of the said post was revised to 1600-2660/- in all govt. departments provided the qualification and designation are the same as those in Economic and Statistical Advisor Organization. The petitioner, who was earlier discharging the duties of collection, compilation and analysis of the Statistical data applied for the post and was promoted on ad hoc basis as Statistical Assistant allegedly in relaxation of the qualification. The petitioner claimed the revised pay scale of Rs. 1600-2660. The claim of the petitioner was rejected by respondent no.2. A representation was filed claiming the benefit of the revised scale. This representation came to be accepted by the Govt. vide its communication dated 21.10.1992 (Annexure P-1) and the petitioner was granted pay scale of Rs. 1600-2660 w.e.f. 22.1.1992. One Jai Singh challenged the aforesaid order of grant of pay scale of Rs. 1600-2660/- to the petitioner in CWP No. 14285 of 1992, this CWP. No. 15062 of 1993 -2- writ petition was dismissed vide order dated 6.5.1993. The petitioner was transferred as Assistant. The petitioner challenged the order of her transfer in CWP No. 5546 of 1992. This writ petition came to be dismissed. The petitioner has accordingly filed this petition seeking a direction to grant him the pay scale of Rs. 1600-2660/- w.e.f. 22.1.1992.
In the reply filed by the respondents, it is stated that the post of Statistical Assistant became available on account of promotion of one Tej Partap to the post of Head Assistant (Planning) on ad hoc basis in the Directorate of Technical Education, Haryana. The qualifications for the post of Statistical Assistant are as under:-
" (i) Master's degree of recognized university in Economics or Commerce with statistics or MA in statistics or B.A. Honours school in Mathematics or Economis or Commerce or Statistics.
(ii) Preference will be given to those candidates who possess one year experience in collection, compilation and analysis of statistical data in some Govt. Office.
(iii) Hindi up to Matric Standard.
Or
(i) Graduate with Economics or Statistics or agricultural Economics or Commerce or Statistics as one of the elective subjects.
(ii) 3 years experience of collections, compilation analysis of statistical data in some Govt. office.
(iii) Hindi up to Matric standard."
It is stated that after the adjustment of the petitioner against the post of Assistant, the post of Statistical Assistant was filled up by posting the qualified person from the Economic and Statistical Advisor CWP. No. 15062 of 1993 -3- Organization. It is denied that the petitioner is working as Statistical Assistant. It is stated that the petitioner is working as Assistant in the department w.e.f. 31.3.1992. It is further stated that the petitioner does not possess the requisite qualification. The qualification of the petitioner is B.A with English, Hindi and History as subjects. It is, however, admitted that petitioner was promoted on ad hoc basis as Statistical Assistant vide order dated 22.1.1992 in the pay scale of Rs. 1400-2600/-. However, in the meantime, some additional posts of Assistants were created in the Directorate of Technical Education in the scale of Rs. 1400-1600. According to the averments made in the written statement the line of promotion for the post of Assistant is from Clerk. It is further stated that Smt. Mohan Mala-petitioner was holding lien on the post of Clerk and on availability of post of Assistant, which is in the line of promotion from Clerk, her case was considered and she has been promoted/adjusted as Assistant on regular basis in the pay scale of Rs. 1400-1600 w.e.f. 31.3.1992. It is, however, admitted that the Finance Department revised the pay scale of post of Statistical Assistant subject to the qualification in the pay scale of Rs. 1600-2660/- but the petitioner is not entitled to the said scale being not qualified to hold the post of Statistical Assistant.
I have heard learned counsel for the parties.
The petitioner is admittedly not possessed of the qualification for the post of Statistical Assistant. Though, the petitioner was appointed against the post of Statistical Assistant, however, subsequently she was transferred from that post to another post. The order of transfer was challenged by the petitioner in CWP No. 5546 of 1992 which came to be dismissed vide order dated 12.5.1992.
CWP. No. 15062 of 1993 -4-
In view of the specific reply filed, the petitioner being not possessed of the requisite qualification, no directions can be issued to place the petitioner in the pay scale of Rs. 1600-2660/- Otherwise also, from the order dated 10.1.1992 (annexure P-3) it appears that the petitioner was appointed as Statistical Assistant only on ad hoc basis till the regular candidate is available. It has been specifically stated in the reply that a regular candidate possessing the requisite qualification has been transferred as Statistical Assistant against the post held by the petitioner, who has been adjusted as Assistant, the post in the line of promotion.
In view of the above circumstances, no relief can be granted to the petitioner. Petition dismissed.
(PERMOD KOHLI) JUDGE 2.2.2010.
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