DALJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Though, by way of the present Writ Petition, the petitioner has prayed for various reliefs, however, at the time of final arguments learned counsel for the petitioner has restricted his reliefs qua Annexure P-9, P-10 and P-14 only. Further, in terms of order dtd. 12/4/2022, the petitioner gave up his claim qua respondent No.3, whose name was ordered to be deleted from the array of respondents.

(2.) Brief facts necessary for the adjudication of the present petition are that the petitioner was initially appointed against the post of Regional Manager, Class-I, vide Office Order dtd. 31/7/1995 and he joined the duties of the respondent- Corporation as such w.e.f. 9/8/1995. He was promoted to the post of Deputy Divisional Manager (Non-Technical), vide Office Order dtd. 15/9/2010, on temporary/ad-hoc basis, which promotion was thereafter made regular. Then, the petitioner was promoted to the post of Divisional Manager (Non-Technical) alongwith other persons, vide Office Order 1/3/2014 (Anexure-P3) and he joined as such at district Hamirpur, on 1/3/2014 itself and started performing the duties of the said post.

(3.) After six years, petitioner received a corrigendum dtd. 9/9/2020 (Annexure P-9), vide which he was informed that as he was erroneously promoted on regular basis vide Office Order dtd. 1/3/2014, though the recommendations of the Departmental Promotion Committee was to promote him on officiating basis, therefore, the promotion order of the petitioner dtd. 1/3/2014, was being modified and the promotion of the petitioner is to be treated on officiating basis instead of regular basis from the date of his actual joining against the post in issue. This was followed by issuance of Annexure P-10 dtd. 1/10/2020, in terms whereof, the petitioner has been reflected as a Deputy Divisional Manager (Non-Technical) in the provisional seniority list of Deputy Divisional Manager (Non-Technical) as it stood on 30/7/2019. Thereafter, Annexure P-14 was issued which was the final seniority list in respect of Divisional Manager (Non-Technical) as it stood on 10/9/2020 and in the same the name of the petitioner was not there.