NAIN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE writ petition is filed with the following prayer: -

(2.) THE respondent in reply to the writ petition have claimed by way of preliminary submissions that the petitioner was initially engaged as Chowkidar/Beldar on daily wage basis in the year 1988 and subsequently as Store Keeper w.e.f. 1.9.1995. On completion of 10 years service he was regularized as Store Keeper w.e.f. 1.4.1998. It is denied that he was deployed as Senior Assistant and Clerk, however, on the transfer of the then Senior Assistant Shri Naraian Singh in the month of September 2001 and Shri Bhagat Ram in the month of July 2009 from Sub -Division Habban where the petitioner is working, he was given the charge of the post of Senior Assistant temporarily and as a stop gap arrangement and on joining duties by Shri Vidya Dutt Senior Assistant on 22.8.2001 after few months of the transfer of Shri Naraian Singh and Shri Parmod Kumar on 16.10.2010 after over one year of the transfer of Shri Bhagat Ram, the charge of the post of Senior Assistant was taken by them from the petitioner. There being no provision in the recruitment and promotion Rules for promotion to the post of Clerk/Senior Assistant from amongst the store keeper, it is submitted that the petitioner is not entitled to claim any benefit merely on account of he having held the charge of the post of Senior Assistant temporarily.

(3.) SHRI M.L. Sharma, learned counsel for the petitioner has contended that irrespective of the option for merger of the post of Store Keeper presently held by him into clerical cadre having been exercised by the petitioner long back, he has not yet been absorbed in clerical cadre and on the other hand he is being deployed to perform the duties of clerk/Senior Assistant from time to time. He has also relied upon the judgment rendered by the erstwhile H.P. State Administrative Tribunal in OA No. 346 of 1991, titled Satya Prakash Keprate Vs. State of H.P. and that of this Court in Civil Review No. 14 of 2009, titled Chander Singh Vs. Satya Prakash & Others.