VARIOUS DEPARTMENTS OF THE STATE GOVERNMENT HAS CONTENDED THAT THE RULES STANDS AS THEY ARE BROUGHT ON THE RECORD FOR THE POSSIBLE ACCEPTANCE UNDER LAW AND IT COULD NOT BE ABOLISHED, UNDER LAW.

The rules stand for the duty and responsibility of higher post and grade Extra Assistant Engineer issued to junior Engineer after 18 years of regular service in the scale and grade however the department is reluctant to follow the instructions issued by the DOPT and the Finance even pay commission recommendations too issued again on 3-1-2022 is proof and evidence however the department of HPPWD and the Superintending Engineer 10 th Circle HPPWD Bilaspur is stating that said post has been abolished by the department even though no post could be abolished by any office as protected by the government and the department of Personnel being responsible to amend the R&P rules or issue necessary instructions for the provision of promotional level placement,more so as long as long the rules issued by the government and the department of Personnel and the Administrative reforms stands for the provision made and created for the benefits of the senior government employees in lieu of Promotion for other juniors cadres /grade /post ,it is not possible to deny due benefits of the junior Engineers as claiming their Rank seniority under law code manual prefixed by the Constitution of India in this behalf and respond by the rule 10(5)(c) of CCS &CCA rules 1965 for which the disciplinary authority is responsible to take legal advice from the system of department and the government as such applicant has already attained clear orders from the Secretary of the department to get benefits of the post and grade protected by the law code manual and now there is no reason to ignore the previous confirmations of the Himachal Pradesh Administrative Tribunal and the High court of Himachal Pradesh more so the SIC again and again directing the disciplinary authority to follow orders and instructions of the competent higher authority and decide matter accordingly. The rules stand for the duty and responsibility of the Extra Assistant Engineer and based on the option and preference in second channels of Promotion issued for the recovery of Promotional level placement however the Head of the office is reluctant to do the needful and in contrary saying that the post has been abolished even though the option and the preference given by the Secretary of the department is proof and evidence on the record and there is no reason to ignore the letter of modification issued by the Secretary of the department for due benefits of promotional level placement since 21-5-2004 .The department of Administrative reforms again and again directing the disciplinary authority to review the cases pending finalisation over for 3 months since pay commission recommendations issued by the government on 3-1-2022 but the DDO of the applicant taking no cognizance of the government instructions and the pay commission recommendations and unnecessary harassing the former post of the Rank seniority protected for the due FR-22 and eligibility still existing as long as the rules stands for the creativity of R&P semblance .The government has decided to abolish the three tyre scale of various posts however the government has never denied to ignore the possible acceptance of promotional level placement EAE and XEN issued by way of the rank seniority of the post being senior in rank and grades than draftsman working in the joint cadre of AE and the Executive Engineers ,more over the government has contended that as long as the rules continued for the due benefits in lieu of R&P rules there is no reason to ignore the claim opted for the post of Extra Assistant Engineer issued in this behalf on 3-10-1991 however cases are still pending and there is no review and re-examine of the pending finalisation over 3 months even pay commission recommendations issued vide number Fin -PR-B (7) -1/2021 dated 3-1-2022.