SANJEEV KUMAR GUPTA Vs. HIMACHAL PRADESH VIDHAN SABHA

JUDGEMENT

(1.) THE appellant is the writ respondent, whose appointment Annexure P -7 as Senior Assistant on ad hoc/stop gap arrangement came to be challenged by the writ petitioners -(respondents herein).

(2.) THE case set out in the writ petition was that petitioner No. 1 had joined as Clerk in the Vidhan Sabha on 2.8.1985, was confirmed on 19.5.1988 and promoted as Senior Clerk on 3.8.1993 and thereafter as Junior Assistant on 2.8.1995. Similarly, the writ petitioners No. 2 and 3 joined the Himachal Pradesh Vidhan Sabha in the cadre of Clerks on 1.7.1986 and 14.7.1986, respectively. All the writ petitioners were working as Junior Assistants in the H.P. Vidhan Sabha, whereas the appellant came to be appointed for the first time as Proof Reader on 23.9.88 and was thus junior to the writ petitioners.

(3.) THE H.P. Vidhan Sabha was arrayed as respondent No. 1 and filed its reply wherein it has been contended that seniority relied upon by the petitioners was not at all relevant in view of the amendment made in the Recruitment and Promotion Rules (for short, the Rules), whereby seniority of the appellant was to be reckoned above that of the writ petitioners as the rule itself provided that for the purpose of combined seniority "the Proof Readers will be equated with Junior Assistants". Since the rules were not challenged and had been framed by the competent authority, the respondent No. 1 prayed for dismissal of the writ petition.