PARVINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) A challenge has been laid by way of this petition to the order dated 20.4.2000 passed by the H. P. State Administrative Tribunal in OA (M) No. 464/1995. The brief facts necessary for the adjudication of this petition are that the petitioner was appointed as Patwari on 21.8.1987. His name was reflected at Sr. No. 164 in the seniority list of Patwaris as it stood on 30.4.1993 and the respondent No. 3 stood at Sr. No. 167. The petitioner had passed the departmental examination in February, 1994. Respondent No. 2 vide order dated 16th May, 1994 promoted 7 Patwaris to the post of Kanungos including respondent No. 3, who according to the petitioner was junior to him. The petitioner approached the H.P. State Administrative Tribunal by way of O.A. No. 967 of 1994. The same was directed to be treated as representation by the learned Tribunal. The Divisional Commissioner considered the representation and rejected the same vide order dated 21.10.1994. The petitioner approached the learned Tribunal by way of fresh O.A. No. 464 (M) of 1995 seeking directions to the respondents to promote him as Kanungo with effect from 16.5.1994 and has also sought the reversion of respondents No. 4 to 9 arrayed as respondents in the original application. The learned Tribunal vide order dated 20.4.2000 dismissed the original application. The petitioner has assailed this order dated 20.4.2000.

(2.) MR . Jagdish Thakur, Advocate had strenuously argued that his client was fully eligible and qualified for the post of Kanungo and was to be promoted with effect from 16.5.1994. He also contended that respondent No. 3 has been wrongly considered by the departmental promotion committee in its meeting held on 28.1.1994 to the post of Kanungo. His further contention is that the services rendered by respondent of settlement department could not be counted for considering him to the post of Kanungo.

(3.) WE have heard the learned Counsel for the parties and perused the record. The petitioner was appointed as a Patwari with effect from 21.8.1987. Respondent No. 3 was appointed as a Patwari as is evident from the final seniority list of Patwaris as it stood on 30.4.1993 on 1.7.1982. The post of Patwari is in feeder category for the post of Kanungo. The State has framed the recruitment and promotion rules for the post of Kanungo, Mohal under the Land Records for H.P. Revenue Department. Rules 11 and 17 being relevant for adjudication of this petition are reproduced as under: 11. In case of recruitment by promotion, deputation/transfer grades from which promotion/deputation/transfer is to be made. By promotion from amongst the Patwaris who have qualified the Departmental Examination of Kanungos as prescribed under Col. 17 infra with at least six years regular service or regular combined with continuous ad hoc service (rendered upto 31.3.1991), if any, in the grade of Patwari in the respective cadre. Note 1. In all cases of promotion, the ad hoc service rendered in the feeder post upto 31.3.1991, if any, prior to regular appointment to the post shall be taken into account towards the length of service as prescribed in these rules for promotion subject to the condition: