KULWANT KUMAR SOOD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is by an employee who assails the order dated 15th November, 1996 passed by the Himachal Pradesh Administrative tribunal, Shimla (the Tribunal).

(2.) The appellant was initially recruited as a Clerk in Himachal Pradesh secretariat in the pay scale of Rs. 110-250. The post of Assistant is a higher post in the pay scale of Rs. 225-500. The recruitment to these posts is made under the rules framed by the Governor under proviso to Art. 309 of the Constitution of India called "the H. P. Secretariat Class III Service (Recruitment) , promotion and Certain Conditions of Services) Rules, 1973", hereinafter referred to as "the Recruitment Rules").

(3.) Certain posts of Assistants being available to be filled up in the Office of the Resident Commissioner of Himachal Pradesh, New Delhi, an advertisement had been issued and the option of the departmental candidates serving in himachal Pradesh Secretariat was also taken. The appellant offered to serve as an Assistant in the Resident Commissioner's Office at New Delhi. After his application was forwarded to the Resident Commissioner who was the Head of the department, he was finally selected and later on appointment letter was issued in his favour from the Office of the Resident Commissioner at New delhi on 5-7-74. That letter of appointment unequivocally indicates that the appointment was to a temporary post on the terms and conditions mentioned therein. One of the conditions was that no Travelling Allowance was to be paid for joining the post in Delhi. The Secretariat Administration at Shimla relieved the appellant to enable him to join his duties in the Office of the Resident commissioner at New Delhi and by order dated 16th May, 1974, it was stated that the appellant would severe all service connections from the Secretariat w. e. f. the date of his being relieved. The appellant thereafter joined the post of assistant in the Office of the Resident Commissioner, New Delhi. While he was so continuing, the Governor appears to have passed an order of integration of the employees in the Office of the Resident Commissioner with the employees serving in the Secretariat on 27th of July, 1984. It was stated therein that the integration would take effect from 1-3-1984. This order dated 27th of July, 1984 was superseded by an order of the Governor dated 7th of August, 1986 and under the said order of 7th August, 1986 the integration was sought to be taken effect to w. e. f. August 19, 1986. The said order was later on withdrawn in the year 1997. In 1999 however the order of withdrawal stood withdrawn and as on now, therefore, there has been an integration of the Office of the Resident commissioner with that of the Secretariat.