MOTI RAM KAINTHLA Vs. STATE OF H.P.

JUDGEMENT

(1.) PRESENT civil writ petition is filed under Article 226 of the Constitution of India pleaded therein that on dated 15.12.1954 petitioner was appointed as compositor in the Printing and Stationery Department which is Class III post and on dated 16.12.1961 petitioner joined the department of Industry Government of Himachal Pradesh and served there till the year 1972. It is pleaded that on dated 30.11.1972 petitioner joined back the Printing and Stationery Department as computer and thereafter petitioner was promoted as Assistant Section Holder in July 1973. It is also pleaded that on dated 28.10.1978 petitioner was promoted as Section Holder on ad hoc basis and thereafter on regular basis on 19.11.1979 and thereafter petitioner was promoted as General Foreman on dated 27.2.1986. It is pleaded that on dated 5.10.1992 one Shri Gurbachan Singh Assistant Controller (Printing) had attack of paralyses and he could not join back his duties till his retirement and due to this reason petitioner was asked to perform the duty of Assistant Controller (Printing) being the senior most Section Foreman and petitioner performed the duty of Assistant Controller (Printing) till dated 31.3.1994 but no benefit of additional pay was granted to petitioner as provided under the provision of FR 49 (iii) by the respondent department. It is pleaded that on dated 31.3.1994 petitioner retired from the service of respondent department after attaining the age of superannuation. It is also pleaded that on dated 29.8.1994 petitioner submitted a representation to the Hon'ble Chief Minister of Himachal Pradesh for the payment of officiating pay against the post of Assistant Controller (Printing) w.e.f. 3.10.1992 to 31.3.1994 and on dated 4.3.1996 petitioner once again made a representation on the same ground as was submitted on dated 29.8.1994 but nothing was conveyed to the petitioner. It is pleaded that petitioner sought information from the State Government regarding his case which was supplied to petitioner vide letter dated 9.5.2013 and after perusal of information petitioner came to know that case of petitioner was rejected on the ground that no ex -post -facto sanction could be granted in the matter of promotion. It is pleaded that on dated 15.6.2013 petitioner was informed by the respondent department under RTI that ex -post -facto sanction was granted to one Shri Som Dutt Sharma against the post of Controller w.e.f. 28.11.1990 vide notification dated 26.9.2012. It is pleaded that rejection of claim by respondent department for grant of ex -post -facto sanction to the post of Assistant Controller (Printing) be quashed and further pleaded that respondent be directed to give all benefits to the petitioner to the post of Assistant Controller (Printing) w.e.f. 3.10.1992 to 31.3.1994 and petitioner be granted all service consequential benefits. Prayer for acceptance of writ petition sought.

(2.) PER contra reply filed on behalf of respondents Nos. 1 to 3 pleaded therein that petitioner has retired from service on dated 31.3.1994 after serving for 34 years and further pleaded that present petition is filed after 20 years of superannuation which is barred by delay and latches. It is admitted that petitioner was promoted on regular basis to the post of Section Holder in the year 1978. It is pleaded that Shri Gurbachan Sharma remained on medical leave w.e.f. 3.10.1992 to 7.7.1994 and thereafter retired on medical ground on 8.7.1994. It is pleaded that during medical leave of Deputy Controller Shri Som Dutt performed the duties of Assistant Controller (Printing) upto his retirement on dated 31.1.1993. It is pleaded that no orders were issued by the competent authority directing the petitioner to hold the charge of Assistant Controller (Printing). It is pleaded that petitioner could not be allowed to get the benefit of higher post. Prayer for dismissal of petition sought.

(3.) FOLLOWING points arise for determination in this civil writ petition: -