SARB SINGH PATHANIA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Original Application was filed by the Petitioner under Section 19 of the H.P. State Administrative Tribunal Act, 1985 before the Erstwhile Tribunal, seeking following reliefs :

(2.) AFTER abolition of the Erstwhile Tribunal, the Original Application was transferred to this Court in terms of the Himachal Pradesh Administrative Tribunal (Transfer of Decided and Pending Cases and Applications) Act, 2008, and registered as CWP (T) No. 12466/2008.

(3.) THE facts giving rise to the present petition can be stated thus. Petitioner had rendered 28 years service in the Army and retired on 31.1.1991. Thereafter he was appointed as Senior Lab Technician Vide Annexure A1 dated 5.4.1991 in the State Health Department. Pursuant to that, he joined the service on 18.4.1994, in PHC Sainj falling under Banjar Block District Kullu. Respondent No. 2 Director Health Services fixed the Petitioner at Rs. 1900/ - per month salary protecting his last pay drawn by him in the Army w.e.f. 18.4.1994. As per the then existing practice, a person was to be confirmed only acquiring the lien against the permanent post but the Respondent -State adopted and applied the law as per circular O.M. dated 28.3.1998 (Annexure A2) to the employees of the State government as per Annexure A3 dated 14.6.1994 specifying that an employee who completes the probation in the first appointment would be declared as permanent and such an employee shall hold the right, title or lien against a regular post whether permanent or temporary and this benefit was enjoyed by those who were declared permanent/confirmed after completing their probation period.