JAGDISH CHANDRA Vs. STATE OF H.P.

JUDGEMENT

(1.) Shri Jagdish Chandra, Assistant Engineer, H. P. Public Works Department filed Civil Writ Petition No. 16 of 1980 in the Honble High Court of Himachal Pradesh praying, besides other reliefs, for proforma -promotion with effect from June 18, 1968 when his junior Shri A. S. Khan was appointed as Assistant Engineer on ad hoc basis. The writ petition was transferred to the Himachal Pradesh Administrative Tribunals Act, 1985 on September 8, 1986 and as such the writ petition is being treated as an application under section 19 of the Act ibid.

(2.) Shri K. D. Shreedhar, the learned Counsel appearing for the petitioner submitted that he confines his submissions in respect of the promotion/appointment on ad hoc basis with effect from June 18, 1968 when Shri A. S. Khan was appointed as such and other reliefs in the writ petition were not pressed by him.

(3.) The relevant admitted facts which are necessary for the present controversy are that the petitioner was appointed as regular Overseer/ Sectional Officer on December 1957 and was confirmed as such with effect from June 1, 1960 vide office order dated June 4, 1966 when he was on deputation in the Indian Army during the National Emergency since February, 1964. He served in the Army upto August, 1970 but his lien was retained in H. P. Public Works Department. On June 18, 1968 and January 15, 1969 S/Sh. A. S. Khan and S. K. Dhiman junior to the petitioner were promoted/appointed as Assistant Engineers on ad hoc basis. The petitioner too was promoted as Assistant Engineer on ad hoc basis vide office order dated September 15, 1970.