SARWAN RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Instant Letters Patent Appeal is directed against the judgment dated 7.9.2010, passed by learned Single Judge in CWP(T) No.2618 of 2008, whereby the aforesaid writ petition having been filed by the appellant-petitioner (hereinafter referred to as the 'petitioner') came to be dismissed.

(2.) Briefly stated facts, as emerged from the record, are that on 30.5.1987, petitioner was promoted to the post of Senior Scale Assistant, however, he foregone his promotion, as is evident from Annexure A-5 dated 24.8.1987. Thereafter, the Departmental Promotion Committee met on 21.1.1988, 29.1988, 27.4.1988, 26.6.1988 and 20.6.1990, wherein incumbents, who were admittedly junior to the petitioner, came to be promoted to the post of Senior Scale Assistants.

(3.) Subsequently, posts of Junior Scale Assistant and Senior Scale Assistant (for short 'JSA' & 'SSA') were clubbed together vide Office Order dated 7.11.1988 and the pay scale of Assistants/Accountants (pre-revised Rs. 570- 1080) and SSA (pre-revised Rs. 600-1120) came to be revised to Rs. 1500-2640. Since the petitioner had foregone the promotion to the post of SSA, persons junior to him, who were promoted on subsequent dates as mentioned above, were assigned seniority over and above the petitioner and as such, petitioner, being aggrieved with aforesaid action of the respondents, made a representation to the Department, praying therein for assigning seniority over and above the persons, who were promoted before him as SSA's on 8.5.1989.