DAYA PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through this writ petition filed under Article 226 of the Constitution of India is seeking a direction to the respondents to pay him the salary in the scale of the post of Press Manager with effect from the date he has been discharging his duties as such.

(2.) Briefly, the case of petitioner is that he was appointed as Retoucher Artist by way of direct recruitment in the office of respondent No. 2 on March 16, 1970. Subsequently, he was entrusted additional duties of the post of Press Manager in the Family Planning Off-set Press vide order dated 19-2-1971, copy of which is Annexure P-1 to the writ petition, on the condition that no extra remuneration would be paid to him and he would work in his own pay scale. According to the petitioner, he had not accepted the condition that would work in his own pay-scale on having been entrusted additional duties of the post of Press Manager. With a view to claim the salary in the pay-scale applicable to the post of Press Manager, he had been making repeated representations to respondent No. 2, but of no avail. According to the petitioner, though he had been discharging his duties as Press Manager to the entire satisfaction of his superiors, despite that Controller of Printing & Stationery Haryana, advertised the post of Press Manager to be filled through the Haryana Public Service Commission, vide communication dated 16-3-1973, copy of which is Annexure P-3 to the writ petition. He wanted to apply for the post of Press Manager and for that purpose he made a request to respondent No. 2 seeking his permission, but it was not acceded by him (respondent No. 2) Resultantly, he could not apply for the post, though according to the petitioner, he was fully eligible for the said post. The petitioner had been making repeated representations to the respondent-department, copy of one such representation dated 30-7-1980 is Annexure P-6 to the writ petition in which he had sought regular promotion to the post of Press Manager. His request was declined by respondent No. 1 vide his communication dated 20.2.1981, copy of which is Annexure P-7 to the writ petition. The post of Press Manager was again advertised by the Haryana Public Service Commission in the year 1981, copy Annexure P-8. He could not apply for the post keeping in view the fact that he did not fulfil the prescription of age and qualifications as laid down in that advertisement. He addressed a representation to the authority concerned seeking relaxation in age, copy of which is Annexure P-8 to the writ petition. His request was accepted. Consequently, Haryana Public Service Commission issued a corrigendum, Annexure P-10, for relaxation of age in favour of the Govt. employee. In pursuance of this corrigendum, the petitioner applied for the same after obtaining the experience certificate, Annexure P-11, issued by the State Government. To fill up this post, selection process was not conducted by the State Govt. for the reasons best known to it.

(3.) The learned Counsel for the petitioner relying on experience certificate issued in favour of the petitioner by the State Govt. has contended that the petitioner has been discharging his duties as Press Manager efficiently and to the entire satisfaction of his superiors since 19.2.1971. Therefore, he is entitled to claim regular promotion to this post keeping in view the fact that he is fully qualified and eligible for the same.