DINA NATH PRADESI Vs. STATE

JUDGEMENT

(1.) This is a writ petition filed by the petitioner under Article 226 and 227 of the Constitution of India. It is not necessary to give the biographical details of the petitioner in government or other services, but it is sufficient to detail the facts as are relevant for the disposal of this writ petition.

(2.) The petitioner was absorbed as an employee of the Government of Himachal Pradesh, Himachal Pradesh Secretariat, as Assistant, with effect from 1 -7 -1963. At that time he was governed by the Himachal Pradesh Secretariat Class III Service (Recruitment and Promotion and Certain Conditions of Service) Rules, 1962. It is stated by the petitioner that on 13 -2 -1967 an office older came to be issued whereby as many as seven assistants were ordered to be promoted as Superintendents in Himachal Pradesh Government Secretariat. A copy of the said order is marked as Annexure ˜C Since this document is quite material for the decision of this writ petition, it is desirable to reproduce the same : "The Chief Secretary to the Government of Himachal Pradesh is pleased to order the following officiating promotions as Superintendents in the Himachal Pradesh Government Secretariat in the pay scale of Rs. 350 -25 -575 (promotees to start at Rs. 400 p. m.) and to post them in the branches noted against each, with immediate effect: 1.Shri M. L. Puri Development Branch vice Shri Bisheshar Nath.2. Shri Jagat Singh Budget Branch (already offg. in the leave vacancy).3. Shri A. R. Dewan Co -operation branch vice Shri Moti Ram.4. Shri Anand Swarup AppointmenM vice Sh. S. M. Verma.5.Shri D. N. Pardesi. Education Branch (Establishment Section II) vice Sh. K.S. Chauhan, 6. Shri Prabhu Prabhakar Veterinary II vice Shri S. L. Behl 7. Shri Het Ram Pal Appointment II in the leave vacancy of Sh. Ram Prakash Modgil." The name of the petitioner appears at Serial No. 5, in the above office order. This office order was, however, kept in abeyance by an order dated 17 -2 -1967, Annexure *D\ Thereafter an office order, dated 8th March, 1968 was passed promoting the petitioner and others as Superintendents on officiating basis, as a temporary arrangement. Subsequently, office order dated 28 -3 -1968 was also issued and the petitioner alongwith 14 others was promoted on officiating basis as Superintendent, in the Himachal Pradesh Secretariat. A copy of this office order, is Annexure ˜E It was clarified in the said office order, that these promotions would be purely on ad -hoc basis, and will not confer any rights for seniority, confirmation etc., on the promotees. A final seniority list of Assistants of the Himachal Pradesh Secretariat was also circulated under office memorandum dated 17 -8 -1970. In this final seniority list, the petitioner was placed at Serial No. 75. The said office memo., as also the final seniority list is marked Annexure F

(3.) The main contention of the petitioner is that he was regularly promoted as Superintendent by the office order (Annexure C) dated 13 -2 -1967. It is further contended by him that the order Annexure D keeping the said order in abeyance is a nullity and does not in any way affect his right as a regularly appointed Superintendent with effect from 13 -2 -1967. The petitioner on that basis asserts that he may be declared permanent Superintendent/Section Officer, with effect from 13 -2 -1969 (after completing probationary period of two years, or in the alternative with effect from 24 -7 -1969).