MOHAN DASS Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) These two writ petitions (CWPs) No. 1712 of 1993 and 2053 of 1995) are being disposed of by a common judgment as common questions of law and facts are involved in both the petitions.

(2.) The brief facts as stated in CWP No. 1712 of 1993 are that the petitioner Mohan Dass joined as class -1V employee in the year 1977. He was promoted as Ahlmad in the year 1980 and posted in the Court of Senior Sub Judge, Solan falling in the then Civil and Sessions Division, Solan and Sirmaur Districts. On the Bifurcation of the said Divisions into Civil and Sessions Divisions, Sirmaur and Solan w.e.f. 5.11.1990, the High Court as per letter dated 5.11.1990 (Annexure p -1) written by its Registrar to the District and Sessions Judges, Solan and Nahan, constituted a committee consisting of District and Sessions Judge, Solan, District and Sessions Judge, Nahan and Addl. District and Sessions Judge, Nahan to consider and finalise the appointments/promotions to the newly created posts by the State Government vide its letter dated 5.10.1990 (except the posts of Superintendents) and all those posts in Sirmaur and Solan Division which were lying vacant or which were filled up on adhoc/stop gap basis out of the joint cadre of Solan and Nahan Divisions.

(3.) It was further directed that after filling up all the vacancies, options would be called from the staff members of both the divisions qua the division they opt to be posted/transferred and the committee would consider the options on the principle of "first preference to the senior most" and would endeavour to accommodate the maximum employees for the division of their choice. In the event of any dispute or difference of opinion amongst the members of the committee and the appeals/representations against the order passed on the basis of decision taken by the above mentioned committee, the matter would be referred to the Registry of the High Court. The District and Sessions Judge, Solan was requested to take further necessary action immediately and intimate the progress made in the matter periodically.