LAWS(HPH)-2005-5-47

VED PARKASH SHARMA Vs. STATE OF H.P.

Decided On May 17, 2005
VED PARKASH SHARMA Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) Dr. Ved Parkash Sharma, applicant is aggrieved by the inaction on the part of the respondents in not assigning him seniority as lecturer in Government Ayurvedic College Paprola from the date of his initial appointment. He is also aggrieved by the order passed by the competent authority whereby his representation was rejected. He has therefore, sought the following reliefs: "(i) The respondents, may be directed to treat the applicant as lecturer with effect from the date of his appointment as lecturer i.e. 2.4.1977 and give all consequential benefits of promotion etc. (ii) The respondents may be directed to promote the applicant to the post(s) of Assistant Professor/Sr. Lecturer and Associate Professor from the due date with all consequential benefits, (iii) The office order annexure A -7 dated 26.12.1994 may kindly be quashed and set aside. (iv) The respondents may be directed to produce the entire record and the costs of this O.A. be also awarded in favour of the applicant and against the respondents, (v) Any other or further order as may be warranted by the facts and circumstances of the case to which the applicant may be found entitled to, may also kindly be passed in the interest of justice."

(2.) The respondents have resisted the claim of the applicant qua the relief claimed by him alleging that the office order dismissing his representation is legal based on figure and facts. He shall be promoted to the next higher post when he will become eligible as per Recruitment and Promotion Rules of the higher post. Therefore, OA is liable to be dismissed.

(3.) We have heard Sh. H.K. Paul, learned Counsel for the applicant and Sh. Chirag B. Singh, learned Deputy Advocate General for the respondents.