GURDIAL SINGH Vs. STATE OF HP

JUDGEMENT

(1.) The present original application has been filed praying for the following relief: "The respondents be directed to consider the applicant having been confirmed as a Senior Auditor (now Section Officer), Assistant Accounts Officer (now Assistant Controller) and Senior Accounts Officer (now Deputy Controller) w.e.f. 16 -7 -1978, 18 -1 -1986 and 11 -6 -1989 respectively and to fix the on line special pay of Rs. 50/ - only being given to him and to make payment of arrears to the applicant alongwith interest and consequential benefits".

(2.) The facts in brief are that the applicant was appointed to the post of Senior auditor vide order dated July 7, 1976 as per Annexure PA. The appointment order specifically mentioned that the applicant was to remain on probation for a period of 2 years from the date of appointment. No formal orders confirming the applicant on the post of Senior Auditor were, however, passed. Vide another notification as per Annexure PB dated 3 -11 -1983, a special pay of Rs. 50/ - was allowed to the Senior Auditor w.e.f. 1 -8 -1983. The applicant received this special pay till he was promoted to the post of Assistant Accounts Officer (now Assistant Controller) vide order dated 17 -1 -1984 as per Annexure PC. The applicant was to remain on probation of two years on this post also, as per para 2 of Annexure PC. However, the applicant was confirmed only on 28 -9 -1987 (Annexure PD). The applicant was further promoted as Senior Accounts Officer (now Deputy Controller) vide notification dated 11 -6 -1987 as per Annexure PE and again a probation of two years was prescribed, which expired on 11.6.1979.

(3.) The case of the applicant is that though in view of the judgment of the Honble Supreme Court in case of State of Punjab versus Dharam Chand reported in AIR 1968 Supreme Court 1210, the applicant was entitled to be confirmed as a Senior Auditor, Assistant Accounts Officer and Senior Accounts Officer on 16 -7 -1978, 18 -1 -1986. and 11 -6 -1989 respectively after completion of the probation period, but he was not so confirmed. However, the present original application involves confirmation of the applicant as a Senior Auditor when the applicant was getting a special pay of Rs. 50/ - w.e.f. November 3, 1983. On promotion of the applicant to the post of Assistant Accounts Officer, the special pay of Rs. 50/ - was hot taken into account while fixing the pay of the applicant. The applicants representation in this behalf was not accepted. The request was rejected as per Annexure PJ dated May 31, 1993. the applicant made another representation after receipt of this reply as per Annexure PK dated 3 -8 -1983, but nothing was done. The present original application has been filed against non -counting of special pay while fixing the pay of applicant on the post of Assistant Accounts Officer.