SARWAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India and is directed against the Union of India and the Lieutenant Governor (Administrator), Himachal Pradesh Administration. The petitioners are Sarvasri Sarwan Singh, Jia Lal Chauhan, Siri Dev and Bhupinder Singh. They were previously employed in the erstwhile States of Suket, Mandi, Nahan and Simla Hill States Agency. On the formation of the Himachal Pradesh, they were absorbed in the service of the Himachal Pradesh, as junior clerks with effect from 1 9 1948 and were subsequently confirmed in the said posts with effect from 23 9 1949. On 14 11 1949, one Shri Sant Ram, a clerk, junior to the petitioners in the list of seniority, was promoted as senior clerk in the grade of Rs. 80 5 120/8 200/ 10 220. Thereafter, Sarvasri Shiv Lal, K. C. Puri, A.R. Dewan, Sant Ram and Vidya Sagar and some others, who were junior to the petitioners, were promoted as senior clerks in the aforesaid grade.

(2.) THE petitioners continued to work as Assistants until 18 5 1957, when, by an Office Order No. A. 37 137/57 dated 18 5 1957 (copy of which is Annexure F), they were reverted to the posts of senior clerks retrospectively with effect from the date on which they were promoted as Assistants and it is that order, which is sought to be quashed by this petition.

(3.) PRIOR to the filing of the present petition, another petition, under Article 226 of the Constitution of India, was filed by the petitioners. Inter alia, it was opposed on the ground that the petitioners had not exhausted the remedies available to them under the Departmental Rules and as such the petition was not competent. The petition was, thereafter, withdrawn and an appeal was filed to the President of India, which was dismissed and thereafter the present petition was filed.