DURGA DASS Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petitions Nos. 59 and 76 of 1968. Civil Writ Petition No. 59 of 1968 has been filed by Durga Dass, Dharam Chand and Hari Chand, working as Assistants in Civil Secretariat, Himachal Pradesh. Civil Writ Petition No. 76 of 1968 has been filed by Sansar Chand, Assistant Sec. Officer Civil Secretariat, Himachal Pradesh. The Petitioners in Civil Writ No 59 of 1968 were, on Oct. 31, 1966, posted as permamnt Assistants in the Punjab Civil Secretariat at Chandigarh while the petitioner in Civil Writ No 76 of 1968 was posted as a confirmed Assistant Sec. Officer in the Punjab Civil Secretariat on that date.

(2.) On the reorganisation of the State of Punjab, all the four petitioners in the two writ petitions were provisionally allotted to Himachal Pradesh with effect from Nov. 1, 1966, where the petitioner in Civil Writ No. 76 of 1968 was equated like the petitioners in Civil Writ No. 59 of 1968, to an Assistant in the Himachal Pradesh Civil Secretariat. The contention of Sansar Chand, the petitioner in Civil Writ No. 76 of 1968, was that while he was in the Punjab service, his post of Assistant Sec. Officer was higher than that of the post of an Assistant and his equation to an Assistant was wrong. Against his equation as an Assistant, Sansar Chand has represented to the Central Government but no orders on his representation have so far been passed. Therefore, for purposes of disposing of the contentions raised in these Writ Petitions, Sansar Chand, petitioner in Civil Writ 76 of 1968, has to be treated as an Assistant.

(3.) The Punjab Re-organisation Act, 1966 came into force on Nov. 1, 1966, and it is with effect from this date that the petitioners were required, under the provisions of section 82 of the said Act, to serve provisionally in connection with the affairs of the Union Territory of Himachal Pradesh. Final allotment of the services of the petitioners and others who were so allotted has not yet been made.