MANOHAR LAL PARMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The controversy in the present Original Application is that the applicant who joined as an Excise and Taxation Inspector on January 4, 1971 in the respondent department will retire as such on 31.3.20061 without getting even a singular promotion. The plain and simple reason for the same is that the respondent department has been mis -interpretating the rules to cover up its own shortcomings and negligence.

(2.) The facts genane for decision in the present Original Application are in narrow compass. Vide Annexure -A/2 the applicant got an appointment as Excise and Taxation Inspector on 29.12.1970. The clause (vi) of the said appointment letter contained a stipulation that the applicant will have to pass the departmental examination in respect of both the Excise and Taxation Inspector within two years of his joining the duty failing which his services are liable to be terminated.

(3.) The rule governing Recruitment and Promotion etc at that point of time are contained Annexure -A/1 which were framed on 6.5.1963. Rule 9(iii) contains a stipulation to the effect that on the completion of the period of probation of any member, the appointing authority prescribed in Rule 4 may confirm such member in his appointment or if his work or conduct has, in the opinion of the appointing authority, not been satisfactory may dispense with his services, or revert him to his former post, if he has been appointed otherwise than by direct appointment or may extend the period of probation and thereafter pass such orders on the expiry of the extended period of probation and as it could have passed on the expiry of the first period of promotion, tt further provides that total period of probation including extension, if any, shall not exceed three years. Rule 14 of the said rule relates to Departmental Exemption which reads that - "No person appointed to the service shall be retained therein, unless he has passed Departmental Examination with a period of 3 years, nor shall such person be appointed substantively to any post in the service provided that the Commissioner may for special reason to be recorded in writing relax these conditions."