DULI CHAND CHANDEL Vs. HIMACHAL PRADESH UNIVERSITY

JUDGEMENT

(1.) The petitioner is working as Superintendent in the Himachal Pradesh University (hereinafter called the University). In this writ petition he has prayed to grant him his due seniority as an Assistant/Head Clerk in accordance with the judgment of this Court in C. W. P. No. 161 of 1975, Subhash Chander etc. v. State of H. P. etc., 1978 1LR (HP Series) 18, and consequential reliefs thereof, such as, promotion to the post of Superintendent, grant of selection grade as such and promotion to further posts of Assistant Registrar etc. etc. He has also prayed for quashing of Memo dated 25th October, 1982 (Annexure P -30 to the petition) confirming him as Head Clerk/Assistant on the date of his joining the University, that is, 20th October, 1973, and his placement below Sh. Sudesh Singh Thakur in the seniority list of Assistants/Head Clerks and seniority lists of Sections Officers (Annexures P -32 and P -33).

(2.) The case of the petitioner, as stated in the writ petition, is that he joined the service of the Agriculture Department of Himachal Pradesh Administration on 5th March, 1955 and was later confirmed as Head Clerk onl5thJune, 1966. He was asked to exercise his option to join the University vide Memo dated 28th August, 1973 (Annexure P -l) on the terms and conditions stated therein. Accordingly, he gave his option and joined the University on 20th October, 1973. On his joining, he found that the University on 13th April, 1973 had circulated a tentative list of Assistants/Head Clerks/Selection Grade Clerks as on 31st January, 1973 wherein the dates of joining of the transferred Head Clerks were shown in accordance with their appointments in the Agriculture Department of the Government. As such, the petitioner made a representation dated 30th October, 1973 (Annexure P -3) requesting the University that his name be also shown in the seniority list at Serial No. 1 by taking into consideration the fact that he had been confirmed as Head Clerk with effect from 15th June, 1966 in the Department of Agriculture of the Government of Himachal Pradesh.

(3.) Instead of considering the representation of the petitioner, the University proceeded to make promotions to the posts of Superintendent vide Office Orders dated 5th November, 1973 (Annexures P -4 and P -5). Though S/Sh. Chaman Lal Garla and S. K. Lal Gupta, who were transferred from Agriculture Department and were junior to the petitioner in the said department, were promoted vide Office Order (Annexure P -4), yet, the name of the petitioner was not considered while making the promotions. In the circumstances, the petitioner made further representations dated 9lh November, 1973 and 10th January, 1974 (Annexures P -6 and P -8) but without any result. The University regularised the ad hoc promotions made vide Annexure P -5 by office Order dated 5th/6th November, 1974 (Annexure P -7). Ultimately, the petitioner, alongwith others, was promoted to the post of Superintendent but purely on ad hoc basis for a period of one year, in the first instance, with immediate effect vide Office Order dated 9th December, 1975 (Annexure P -9). On the other hand, all those who were first promoted on ad hoc basis vide Office Order dated 15th November, 1973 (Annexure P -5) and regularised vide Office Order dated 5th/6th November, 1974 (Annexure P -7) were confirmed with effect from 22nd May, 1975 vide Office Order dated 1 -8 -1975 (Annexure P -10). Out of those who were promoted vide Office Order dated 5th November, 1973 (Annexure P -4), S/Sh. Chaman Lal Garla and another were confirmed with effect from 8th November, 1974 by curtailing their probation period from two years to one year. Sh. S. K. Lal Gupta and others, who were promoted by the same Order were considered but not found fit for confirmation. Therefore, their probation period was extended by one year with effect from 8th November, 1975.