SURJEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed for grant of the following reliefs:-

(2.) The undisputed facts are that the petitioner was enlisted as Constable on 02.04.1998 in 3rd IRBn. Pandoh and was sent for basic recruit training at PTC, Daroh, on 06.04.1998. During training, the petitioner met with an accident in November, 1998 and received injury in his right leg which incapacitated him for the job of police Constable. The petitioner could not complete his training due to the accident and the Board of Director, Zonal Hospital, Mandi, declared him fit only for desk duty. Since, there was no provision in R & P Rules for conversion of a Constable to the post of Clerk, therefore, taking compassionate view of the matter, the case of the petitioner was referred to the Government for giving necessary relaxation in the R & P Rules for the adjustment of the petitioner to the post of Clerk vide letter dated 29.06.1999. The Government, in turn, vide its letter dated 30.11.1999 agreed to adjust/appoint the petitioner as Clerk against next available vacancy in the department in light of instructions issued by the Department of Personnel vide letter dated 02.08.1999.

(3.) Accordingly, office order dated 11.01.2000 for adjustment/appointment of the petitioner from the post of Constable to the post of Clerk was issued. As per the terms and conditions, it was specifically mentioned in the orders that the seniority of the petitioner would be reckoned from the date of joining as Clerk. The petitioner accordingly joined. Thereafter provisional seniority of Clerks was issued on 01.11.2013 whereby the petitioner was shown at Sr. No. 41, however, the petitioner did not choose to make any representation.