VIDYA PARKASH HARNAL, DEPUTY PUBLIC ANALYST, STATE FOOD LABORATORY, HARYANA, CHANDIGARH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who was appointed as a Chemist in scale of Rs. 200-10-300 on October 14,1960 challenges the order dated January 17, 1989 (Annexure P-12) this order disposes of a representation by which the petitioner had claimed promotion to the post of Analyst with effect from August 20,1966, when respondent No. 3, S. K Anand, had been promoted as Analyst from the post of Senior Analytical Assistant. The petitioner claims that he had a right to be considered along with Mr. S.K. Anand and that the action of the respondents in not considering him was violative of Articles 14 and 16 of the Constitution. By the impuged order the government has held as under: "After going through the record of the case, I have come to the conclusion that upto 13.11.1967 when the State Govt, approved the mode of recruitment/qualifications to the post of Analyst, the cadres of Chemists and Junior/Senior Analytical Assistants were separate and promotion to the post of Analyst was to be made out of Senior Analytical Assistants. On 13.11.1967, Shri Anand already stood promoted w.e.f 20.8.1966 in the scale of Rs 200-450 and had thus become senior to Shri Harnal who carried the scale of Rs 200-300 as Chemist. Therefore, Shri Anand can legitimately claim his seniority in subsequent promotion over Shri Harnal and others on the basis of seniority in the rank based on pay scale. However, action of Director, Health Services, in promoting Shri Rohilla, a chemist who was admittedly junior to Shri Harnal and also was an ad hoc appointee, by ignoring the cliam of Shri Harnal, was improper and unjustified. Shri Harnal. could not be ignored except after due consideration of basis of seniority-cum-merit Unfortunately, he was never considered for promotion and an ad hoc junior official of the same speciality was promoted by ignoring the claim of Shri Harnal

(2.) Therefore, it would meet the ends of justice if Shri Harnal is promoted to the post of Analyst/Deputy Public Analyst subject to his record being good from the date which his junior Shri Rohilla Chemist belonging to the same speciality was given promotion i.e. as Analyst on 7.10.66.(F.N.) and Deputy Public Analyst on 6.12.1979 (F.N.) I order accordingly.

(3.) Since be has not worked against the post of Analyst/Deputy Public Analyst, he shall not get any arrears of pay but he can claim benefits in terms of seniority and pay fixation,