STATE OF H P Vs. AJIT KUMAR

JUDGEMENT

(1.) Shri Ajit Kumar filed Civil Writ Petition No. Ill of 1974, wherein he sought for the quashing of the impugned orders, Annexures 'G' and 'J' to the petition whereby he was reverted from the post of Deputy General Manager (Works) in the Transport Department His case was, that he was appointed Deputy General Manager (Works) in the vacancy caused by the transfer of one Shri I. C. Mahajan to the Government of India. According to petitioner, his appointment was on probation for a period of two years and as such could not be held ad hoc. The appointment was also made on the recommendation of the Public Service Commission. Subsequently Shri I. C. Mahajan returned from the Government of India and as a result to that Shri Ajit Kumar was reverted by notification Annexure 'G' dated November 7, 1973. Subsequently he was appointed officiating Deputy General Manager in the Himachal Pradesh Agro Industries Corporation but from that post also he was reverted vide Annexure 'J' in April 1974. The petitioner sought to impugn these two reversion orders.

(2.) The learned single Judge before whom the writ petition was set down for hearing was asked to make an order slaying the operation of the two annexures 'G' and 'J' so that the reversion of the petitioner is not made from the post of the Deputy General Manager (Works). The learned single Judge at first granted interim stay of the reversion orders and thereafter made the interim stay absolute. Against that order the present Letters Patent Appeal has been filed before this Division Bench.

(3.) A preliminary objection has been taken by the learned counsel for the respondent Ajit Kumar that no appeal lies before the Division Bench under Clause 10 of the Letters Patent as the decision of the learned single Judge cannot be construed a 'Judgment' within the meaning of that clause.