LI Network
Published on: February 7, 2024 at 21:33 IST
The Supreme Court rejected the Himachal Pradesh Government’s plea challenging the conferral of two promotions to an employee in the subsequent higher pay scale after completing 12 and 24 years of service, where no promotional avenues were available for the post.
A Bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra affirmed the High Court’s decision instructing the State to provide two promotions to the employee due to the absence of any promotion opportunities for the designated position.
The High Court’s ruling was influenced by the case of the State of Tripura and others versus K.K. Roy, where the Supreme Court emphasized the obligation of the State to establish a policy, based on Pay Commission recommendations, for granting at least two higher scales to an employee when no promotional avenues exist for the post.
The dispute centered around an employee appointed as a Computer Operator in the Health Service Department of the Himachal Pradesh Government, who claimed to perform clerk duties. He argued that while other clerks in the office received promotions, he was overlooked.
The State contended that as he was initially appointed as a Computer Operator, a post not included in the feeder cadre for promotion, he remained in that role.
Challenging the State’s decision, the employee filed a Writ Petition before the High Court, which ruled in his favor, citing the K.K. Roy case.
The Division Bench of the High Court supported the Single Bench decision, noting the employee’s prolonged stagnation on one post for around 28 years.
The State appealed the High Court’s decision by filing a Special Leave Petition (Civil) before the Supreme Court.
Upon reviewing the impugned order, the Supreme Court expressed reluctance to entertain the petition, finding no merit in the State’s arguments. Consequently, the Special Leave Petition was dismissed by the Court.
Case Details: STATE OF HIMACHAL PRADESH vs. SURENDER KUMAR PARMAR