SHRIDHAR SHARMA Vs. MUKESH THAKUR AND ORS.

JUDGEMENT

(1.) RESPONDENT No. 1 herein had instituted before this Court Civil Writ Petition No. 9603 of 2013 for affording in his favour the hereinafter extracted reliefs: -

(2.) THE learned Single Judge of this court while considering the factual matrix of the case at hand entwined with the case law apposite to it, had wrested the controversy in favour of respondent No. 1 herein. The appellant herein arrayed as respondent No. 3 in the writ petition, being aggrieved by the judgment of the learned Single Judge has instituted the instant appeal before this Court assailing the findings recorded therein in favour of respondent No. 1 herein. Respondent No. 1 herein was appointed by direct recruitment as Constable in the Himachal Pradesh Police Department in the year 1988. He joined on 2.8.1994 as Gunman on secondment basis in the erstwhile H.P. State Administrative Tribunal (for short the Tribunal) and was eventually absorbed therein as a Clerk on 11.12.2001. On the disbanding of the Tribunal petitioner was on 9.7.2008 put in the surplus pool of the H.P. Government, yet he remained posted as Clerk on the establishment of the Tribunal upto May, 2009. Subsequently, the petitioner on 1.6.2009 joined the office of the Lokayukta, Himachal Pradesh, (for short the Lokayukta) and his case for permanent absorption was sent to the Government vide order of 16.8.2010. The petitioner stood permanently absorbed w.e.f. 1.6.2009 in the Lokayukta. The office of Lokayukta on 7.3.2011 notified Recruitment and Promotion Rules for the post of Senior Assistant Class -III (non -gazetted). The Rules aforesaid envisaged that the post of Senior Assistant was to be filled 100% by promotion failing which on secondment basis, besides there was a contemplation therein of promotion being made amongst the common clerical cadre of Clerk/Junior Assistant possessed of 10 years regular service or regular combined with continuous ad hoc service rendered in the grade, failing which on secondment basis from the incumbents in the said post working in identical pay scale in other Government departments.

(3.) APART therefrom, the contesting respondents had endeavored to oust the claim of respondent No. 1 herein for his being considered for promotion to the post of Senior Assistant from his post of clerk arising from acceptance by him of the conditions precedent enshrined in the letter of 13.12.2011 emanating from the contesting respondent No. 1 and addressed to respondent No. 2, whereupon his services as a Clerk in the Lokayukta stood permanently absorbed. The conditions stands extracted hereinafter: -