SHRI HARBHAJAN SINGH BAWA Vs. HIMACHAL PRADESH GOVERNMENT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India, is directed against the Himachal Pradesh Government, respondent No. 1 and the secretary, Animal Husbandry, respondent No. 2. The facts, involved in the petition, are short and may be stated as follows :-

(2.) The petitioner is a permanent Veterinary Assistant Surgeon, in the Animal Husbandry Department, Punjab. He was selected for the post of Officer In-charge Key Village Scheme, Himachal Pradesh (later on redesignated as Key Village Officer, Himachal Pradesh) by the Himachal Pradesh Territorial Council. The petitioner joined the post, under the Territorial Council, on the 31st March, 1961. The terms and conditions of the petitioner's appointment were contained in the letter of the Chief Executive Officer, Territorial Council, dated the 7th October, 1960.

(3.) The Government of Union Territories Act, 1963, repealed the Territorial Councils Act, 1956, under which the Himachal Pradesh, Territorial Council had been eatablished. The result of the repeal of the Territorial Councils Act, was that the Himachal Pradesh Territorial Council was abolished. The employees, serving under the Himachal Pradesh Territorial Council, were taken over by the Himachal Pradesh Government, with effect from the 1st July, 1963. The petitioner continued to work as Key Village Officer, Himachal Pradesh under the Himachal Pradesh Government, on the same terms and conditions on which he held the post under the Territorial Council. On the 7th July, 1964, the petitioner received an office memorandum which was to the following effect :