DHANWANTRI UPADHAYAE Vs. STATE OF H.P

JUDGEMENT

(1.) This judgment shall dispose of CWP(T) No. 2000 of 2008 and CWP(T) No. 2044 of 2008. In both petitions Dhanwantari Upadhayae is the petitioner.

(2.) In CWP (T) No. 2000 of 2008 the petitioner has prayed for quashing his reversion order dated 15.2.1991 Annexure A-7 with all consequential benefits. He has also prayed that orders dated 18.4.1991, 31.8.1991 and 16.10.1991, Annexures A-8, A-10 and A-11 respectively may be quashed and set aside. The respondents may be directed not to effect any recoveries from the petitioner from the salary, pay allowances etc. paid to him from 17.9.1984 to 30.4.1991 when he remained posted on different promotional posts subsequent to the orders passed by the competent authority. He has also prayed that he may be allowed to discharge his duties as Superintendent Grade-II till the final disposal of the petition.

(3.) The case of the petitioner is that he was initially appointed as Clerk by way of direct recruitment and hejblned his duties as such on 17.11.1969. The seniority of Clerks was to be determined on the basis of merit maintained by Selection Committee as per Rule 10(3) of Himachal Pradesh District Subordinate Service Class-III Rules, 1962. The seniority list of Clerks was for the first time circulated on 5.7.1979 and one Om Prakash who was at serial No. 6 in the panel drawn by the Selection Committee was shown above the petitioner at serial No. 33 in the seniority list, though the petitioner had been placed at serial No. 2 of the merit panel drawn by the Selection Committee. On the request of petitioner, the merit list, panel of selection made in 1969 was supplied to the petitioner on 1.9.1984 and since then he has been representing to the higher authorities for correcting the seniority position and also for granting him the consequential benefits for further promotion prior to respondent No. 5 Om Prakash.