LAWS(P&H)-2014-7-876

SWARAN SINGH Vs. STATE OF HARYANA AND OTHERS

Decided On July 03, 2014
SWARAN SINGH Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) The unsuccessful plaintiff before both the Courts below has filed the present appeal.

(2.) The suit was filed by the plaintiff for declaration that the impugned order dated 18.3.1992 issued by the Director Public Relations Department, Haryana, Chandigarh was illegal, null and void and liable to be set aside and that the plaintiff was entitled to continue to work against his promotion post of Accountant or Assistant with pay and allowances of the said post.

(3.) The plaintiff has contended in the plaint that he was initially appointed as a Steno-typist in the Public Relations Department on 20.11.1970 on the recommendation of the Employment Exchange, Narnaul on adhoc basis and continued to serve the department without any break in service. On 1.3.1973 he was promoted to the post of Junior Scale Stenographer and on 4.5.1977 he was reverted to his original post of Steno-typist. In pursuance of the Government instructions and Circular order dated 1.4.1980 the plaintiff attained regular status and as such he was entitled to all the benefits of service as that of a regular employee followed by confirmation. The persons who entered into service after 20.11.1979 were given promotions ignoring the plaintiff illegally. The plaintiff was promoted with undue delay to the post of Accountant/Assistant vide order dated 13.3.1990 issued by the Director Public Relations, Haryana. In the year 1992 vide impugned order dated 18.3.1992 issued by the Director Public Relations Department, Haryana the plaintiff was reverted to the lower post of Steno-typist w.e.f. 1.3.1992 in the garb of discontinuation of nine Information Centres. The plaintiff was not liable to be reverted since he was senior to several other employees. The reversion was ordered on account of wrong seniority fixed without considering the period of adhoc service rendered by the plaintiff.