KAUSHYALA DEVI Vs. STATE OF HP

JUDGEMENT

(1.) The petitioner has prayed mainly following reliefs in the petition:-

(2.) The facts, in brief, are that Vijay Kumar had filed original application in the erstwhile Tribunal on 17.12.1997 with main prayers, as noticed above. It was alleged that on 22.4.1959, he was offered the post of teacher in Primary School, Rajri. He joined as such and, thereafter, he worked in different schools. In the year 1971, he was transferred and posted in the then Tehsil Hamirpur, District Kangra on his option. Later on, Hamirpur was made a separate District. In the year 1984, the cadre of primary teachers was bifurcated under a separate Directorate of Primary Education. This resulted many promotions of primary teachers. But, the petitioner was not promoted as his service rendered from the years 1959 to 1971 was not taken into consideration while considering the promotions of primary teachers. The petitioner was assigned seniority from the year 1971. The petitioner submitted representation, but to no effect. The petitioner vide letter, dated 24.12.1988, Annexure A-2 was asked to supply an attested copy of transfer/allocation order vide which he was transferred/allocated to District Hamirpur. The petitioner despite his best efforts could not supply the transfer/allocation order as demanded from him vide Annexure A-2. The petitioner made many representations regarding his grievance, but Department did not take any action.

(3.) The petitioner retired from service on 31.3.1993. The petitioner filed original application No. 1514/95 in the erstwhile Tribunal, which was decided on 1.4.1997, whereby services of the petitioner from the year 1959 were ordered to be counted for the purpose of pensionary benefits, however the Tribunal has not said anything regarding counting of service of the petitioner from the year 1959 for the purpose of promotion.