DHARAM PAL DOGRA Vs. STATE OF H P

JUDGEMENT

(1.) The petitioner in the petition has prayed that respondents No.1 and 2 may be directed to consider the case of the petitioner for promotion w.e.f. 4.9.1990, on which date respondent No.3 who was junior to petitioner was promoted illegally to the post of Senior Assistant, with all consequential benefits. It has also been prayed that respondents No.1 and 2 may be directed to follow the instructions ( Annexures A-1 and A-2) issued by the Government and promote the petitioner in accordance with those instructions.

(2.) The case of the petitioner is that he was initially appointed as Clerk in the Directorate of Land Records on 28.2.1981 and was designated as Senior Clerk from July, 1982. In the seniority list dated 16.2.1992, the petitioner was placed at serial No.6. The persons at serial Nos.1 to 5 have already been either promoted or got themselves absorbed in other departments. Thus, petitioner is the senior most entitled to promotion in view of seniority list dated 16.2.1992.

(3.) It has been alleged that two posts of Senior Assistants fell vacant and those were to be filled in from the feeder cadre. As per roster, one post was of Scheduled Tribe candidate and other post was of open category. As per instructions dated 11.2.1991 (Annexure A-2), the aforesaid posts were to be filled in only upto 23.7.1990. In case, any post fell vacant after 23.7.1990 that post was to be filled up as per Recruitment and Promotion Rules which were to be amended after 23.7.1990. It has been alleged that second post fell vacant on 30.8.1990, thus this post could not have been filled up as per rules applicable before 23.7.1990.