LPA No.281 of 2004 [1]
THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
L. P.A. No.281 of 2004
Date of Decision: 17 - 09- 2008
Ashwani Kumar Sharma ....Appellant
v.
State of Haryana and another ....Respondents
CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA
HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.Sumeet Goel, Advocate
for the appellant.
Mr.Sunil Nehra, AAG, Haryana
for the respondents.
***
HEMANT GUPTA, J.
The challenge in the present appeal is to the judgment rendered
by a learned Single Judge of this Court on 13.7.2004 whereby the
appellant’s writ petition claiming writ of mandamus directing the
respondents to consider the appellant for promotion to the post of Labour
Inspector was dismissed.
The appellant was appointed as Draftsman on 3.12.1970 on the
basis of his qualification of Matric and two years diploma in Draftsman
(Civil). The promotional avenues from the post of Draftsman is to the post
of Cartographer by virtue of Rule 9(h)(i) of the Haryana Labour Department
LPA No.281 of 2004 [2]
(Group C) Service Rules, 1982. But it is alleged that substantially there is
no promotion, as pay scale for the post of Draftsman and the pay scale for
the post of Cartographer is the same. Since the pay scales of the posts of
Draftsman and the Cartographer is the same, therefore, the appellant’s claim
for the promotion to the post of Labour Inspector by treating him as
Cartographer was declined.
The appellant is admittedly a Draftsman and has not been
promoted as Cartographer when the writ petition was filed. The post of
Draftsman does not fall within the feeder post. Therefore, merely on the
basis of the pay scale, the appellant cannot claim promotion to the post of
Labour Inspector. Learned Single Judge has examined the claim of the
appellant in detail and has found that the claim of the appellant is not
justified. We are in agreement with the reasoning given by the learned
Single Judge, which warrants no interference in appeal.
The present appeal is dismissed with no order as to costs.
( HEMANT GUPTA )
JUDGE
( KANWALJIT SINGH AHLUWALIA )
September 17, 2008 JUDGE
RC