LexK.S. YADAV versus STATE OF HIMACHAL PRADESH AND ORS.
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··- K.S. YADAV A V. STATE OF HIMACHAL PRADESH AND ORS. NOVEMBER 28, 1997 [SUJATA V. MANOHARAND D.P. WADHWA, JJ.] B Service law-Recruitment and Promotion Rules for Class-II posts (Gazetted) in the School and Inspection cadre, 1980 (Himac.hpl Pradesh)- Promotion from Non Gazetted Posts of Headmasters/Headmistresses of Govt. High School and lecturers of Higher Secondary Schools to Class If (Gazetted) C Posts-Promotional Posts-Availablity of-Held, until the promotional posts become vacant they are not available for promotion from the feeder category-- Reversion and fresh promotion not provided for in the Recruitment Rules of 1980. Promotion of the Headmasters I Headmistresses of Govt. High Schools D and lecturers of Higher Secondary Schools to Class II (Gazetted) posts in the school and Inspection Cadre of the State of Himachal Pradesh are governed by the Recruitment and Promotion Rules for class II posts (Gazetted) in the School and Inspection Cadre, 1980 (Himachal Pradesh), (the Recruitment Rules of 1980). As per the Rules of 1980 the promotional posts E are all Class II (Gazetted) Posts. The feeder category for these promotional posts is non-gazetted Headmasters/Headmistresses of Govt. High Schools carrying pay scale of Rs. 300-600 and lecturers of Higher Secondary Schools in the pay scale of Rs. 300-600 with five years of service in the grade. The posts which are available as promotional posts are to be distributed between these two· feeder categories in the ratio of 55 per cent for non-gazetted F Headmasters/Headmistresses of Govt. High Schools and 45 per cent for Lecturers of Higher Secondary schools. At the time when the Recruitment Rules of 1980 came into force there were three sets of pay scales in the cadre of Headmasters/Headmistresses: (i) 700-1100 (gazetted); (ii) 400-800 (gazetted) and (iii) 300-600 (non- G gazetted). The cadre strength of the class II (gazetted) posts in the School and the Inspection Cadre of the Education Department existing prior to the . coming into force of the Recruitment Rules of 1980 was as follows: (1) 15 percent of the posts in the pay scale of Rs. 700-1100 amounting to 92 posts (2) 25 percent of the posts in the pay scale of Rs 400-800 amounting to 142 H 585 586 SUPREME COURT REPORTS (1997] SUPP. 5 S.C.R. A posts. These 234 posts in the pay scale of Rs. 700-1100 and Rs. 400-800 were filled over the years between 1966 and 1980 long before the coming into force of the Recruitment Rules of 1980. The number of promotional posts available, as per the Recruitment Rules ofl980 were 237 posts in the pay scale of Rs. 400-800and142 posts B in the pay scale of Rs. 700-1100 making a total of 379 posts. The dispute arose with regard to 234 posts which were held in the pay scale of Rs 400- 800 or Rs. 700-1100 by Headmasters of High Schools at the time when the Recruitment Rules of 1980 came into force. The case of the appellant was that these 234 occupied posts of Headmasters/Headmistresses in Class II C (Gazetted) category should also be treated as available for promotion immediately after the coming into force of Rules of 1980. It was further the case that the directions of the Supreme Court in the case of the Sunita Sharma and Ors. v. State of Himachal Pradesh & Ors., (19931 Supp. 4 SCC 686 have not been carried out. The appellant moved the Himachal Pradesh Administrative Tribunal which by its order dated 6.7.1994 held that until the D posts became vacant, they were not available for promotion from the feeder category and further that there has been no violation of the directions given in the case of Sunita Sharma. Aggrieved, the appellant preferred this appeal. On behalfofthe appellant, it was contended that on 7/6/1980 when the E new Recruitment Rules of 1980 come into force the posts of Headmasters/ Headmistresses which were Gazetted Posts were, for the first time, put in the category of promotional posts available to Non Gazetted Headmasters/ Headmistresses of High Schools as also to Lecturers of Higher Secondary Schools. Prior to this, the Headmasters who were originally in lower Pay Scale were never promoted to these Class II (Gazetted Posts). They were F merely given the higher pay scales and Gazetted status. On behalf of the respondents it was contended that since the disputed 234 posts were already filled at the time when 1980 Recruitment Rules came into force, the persons occupying these posts could not be reverted
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