BIRBAL SINGH Vs. STATE OF HP

JUDGEMENT

(1.) This original application has been filed by the applicant against impugned action of respondents, whereby they have not promoted the applicant to the post of Superintendent Grade -II in the pay scale of Rs. I 6400 -10640/ - despite the fact that the junior persons have been promoted. The applicant is seeking mainly the relief of quashing the impugned action of respondents, whereby they have not promoted the applicant w.e.f. 25.10.2000 when his juniors were promoted with further prayer to issue direction to respondents to issue promotion order of the applicant immediately w.e.f. 25.10.2000 by -granting all consequential benefits including interest @ 18% P.A. on the arrears of salary.

(2.) The facts germane to the present contraversy are that the applicant was promoted as Senior Assistant by the respondent department on 31 -1 -1987 and as per the seniority list issued by the respondents on 20.7.2000 (Annexure A -1) the name of the applicant finds mention at serial No. 53 with seniority number assigned as 21.

(3.) That the respondent No, 2 vide letter No. Ft. 43 -29/92 (E -III) dated 7.9.2000 (Annexure A -2) has sought for the ACRs of the Senior Assistant from concerned department and the name of the applicant finds mention in this letter at Sr. No. 12. The Acrs of the applicant were sent by the office of the applicant to the respondent No. 2 on 13.9.2000 (Ann. A -3) and thereafter the Departmental Promotion Committee took place on 21 -9 -2000.