STATE OF H P Vs. JOGINDER SINGH

JUDGEMENT

(1.) The petitioners have challenged the judgment dated 8.12.2004 passed by erstwhile Himachal Pradesh Administrative Tribunal in Original Application No.(M) No.19/94.

(2.) The case of the respondent is that he was appointed as Pump Operator on daily wage basis in June 1980 without any break upto 31.3.1989. He was offered temporary post of work-charged pump operator after continuous service of eight years and nine months vide office order dated 31.3.1989 . He joined on the work-charged post on 1.4.1989, but after one month vide memo dated 10.5.1989 the services of the respondent were terminated as Pump Operator (work-charged) on extraneous grounds by passing unreasoned and cryptic order.

(3.) The respondent thereafter was re-engaged on daily rate basis as Pump Operator on 10.6.1989. There was a post of work-charged Pump Operator with the petitioners but with malafide intention to deprive the respondent of financial benefit he was down graded from work charged Pump Operator to daily rated Pump Operator quite arbitrarily and illegally against the principles of natural justice. The person junior to respondent and equally situated was not touched. The respondent had been making representations against the arbitrary action of petitioner No.4. In December, 1993 the respondent was finally informed by petitioners that he could not be given work-charged post from back date. In these circumstances, the respondent had filed the petition.