DHARAM PAUL GUPTA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has prayed mainly the following reliefs in the petition:

(2.) The pleaded case of the petitioner is that he was appointed Clerk and joined as such in the Public Works Department on 25.9.1956. The petitioner was promoted Steno-typist, Circle Stenographer, Junior Scale Stenographer, Head Clerk re-designated as Superintendent Grade-II, Legal Assistant and then Superintendent Grade-I in the scale of Rs. 2200-4000 Class-II Gazetted on 20.7.1991. The petitioner had worked as Head Clerk, re-designated as Superintendent Grade-II from 14.11.1969 to 13.1.1983. He was at serial No. 27 in the seniority list of Superintendent Grade-II. The seniority list of Superintendent Grade-I was not circulated after the promotion of the petitioner.

(3.) The Government on 22.9.1984 ordered the bifurcation of Public Works Department into two separate departments designated as Public Works Department and Irrigation and Public Health Department w.e.f. 1.10.1984. The officers/officials were directed to work on 'as is where is' principle in each wing of the combined department on their respective posts before finalization of the allocation as per the procedure approved. On 28.9.1984 another notification was issued constituting a screening committee to consider the options of the officers/officials of the combined departments and decide the allocation in the two departments. The Government vide another notification dated 28.9.1984 called the options from officers/ officials borne on the strength of two departments as on 30.9.1984 by giving three months period for exercising option on prescribed proforma.