LEKH RAJ RANA Vs. STATE OF H.P.

JUDGEMENT

(1.) WITH the consent of the learned counsel for the parties this petition is taken up today for final disposal, without formally admitting it to hearing. In O.A.No.393 of 2004 an order was passed by the learned H.P. Administrative Tribunal on 1.3.2004, directing that the said O.A. filed by the petitioner be treated as a representation by the Secretary, Technical Education, Govt. of Himachal Pradesh, who should decide the same within a period of four weeks. Consequently, an order came to be passed on 16.4.2004 by the Principal Secretary (Technical Education), Govt. of Himachal Pradesh in favour of the petitioner by which the adhoc service rendered by the petitioner was counted for the purposes of determining the seniority. Based on this order a tentative seniority list was circulated vide Office Memorandum dated 27.7.2004. In this tentative seniority list the petitioner's name figured at Serial No.2. Objections were invited from all concerned. Accordingly, a final Seniority List was issued vide Office Memorandum dated 7.9.2005. In the final seniority list also the petitioner's name figured at Serial No.2.

(2.) ON 26.4.2006 Order No.EDN(TE)E(1)3/2004 was issued by the Principal Secretary (Technical Education), Govt. of Himachal Pradesh, which reads thus:

(3.) AFTER hearing Mr.Sandeep Kaushik, learned counsel appearing for the petitioner and Mr.M.S.Chandel, learned Advocate General appearing for the respondents we do feel at this stage that perhaps, first and foremost, the act of the State Government in issuing Order No.EDN(TE)E(1)3/2004 dated 26.4.2006 was not in accordance with the principles of natural justice and secondly once the State Government had itself taken a decision, pursuant to the order passed by the H.P. Administrative Tribunal on 1.3.2004 in O.A. No.393 of 2004 that the adhoc service rendered by the petitioner should be counted, there was no occasion for the State Government to take a contrary view in the absence of any stated reasons. This is more so when in the order dated 26.4.2006 the State Government itself had observed as under: