MAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner was working as a Junior Assistant. Disciplinary proceedings were initiated against him on 21.7.2001. Penalty was imposed upon the petitioner on 30.4.2005, as alleged by him. He was, however, exonerated from the charges on 28.4.2007. The petitioner served a legal notice upon the respondents and he was given promotion to the post of Senior Assistant. However, as per Annexure R-II, dated 10.1.2008, the petitioner was promoted to the rank of Senior Assistant with effect from 31.7.2003, when his junior Hoshiar Singh was promoted as such. However, period w.e.f. 31.7.2003 till his joining as Senior Assistant was to be treated as notional.

(2.) The department had refused to grant him the monetary benefits as per Annexure P-6 on the analogy that the petitioner was promoted on regular basis, but on notional basis, due to the reason that he has not actually worked against this post on 31.7.2003. It was also observed in the letter of the Principal Chief Conservator of Forests, H.P. in reply to the notice of the petitioner that the monetary benefits have to be allowed from the date when the official assumed the charge on higher post. As per F.R. 17(1), the petitioner was not entitled to the benefits of the post before the date he assumed the duties of that post. However, he was granted seniority in the cadre of Senior Assistant on this date.

(3.) Being aggrieved by such order, since the petitioner was denied the monetary benefits, he has filed the present petition.