STATE OF H P Vs. IQBAL SINGH

JUDGEMENT

(1.) In this appeal, judgment dated 10th May, 2012 passed by learned Single Judge in CWP No. 598 of 2010-A is under challenge. The appellant-State is aggrieved by the direction of learned Single Judge to absorb the respondent-petitioner as Superintendent (Grade-II) from 20.4.2007, the day when Chander Dhar Guleri Degree College, Haripur (Guler), District Kangra was taken over. Also that, services he rendered in the erstwhile degree College be counted for the purpose of seniority, further promotion and grant of pensionary benefits etc.

(2.) It is seen that learned Single Judge while allowing the writ petition has placed reliance on the judgment of this Court in Surjit Singh Spehia vs. State of H.P. & anr., CWP(T) No. 2168 of 2008, Ved Parkash vs. State of H.P. & ors., CWP(T) No. 469 of 2008 and Rajni Sharma vs. State of H.P. & anr, CWP(T) No. 5200 of 2008. The instructions, today placed on record by learned Advocate General reveal that in Ved Prakash's case supra, Letters Patent Appeal was preferred by the appellantState which is pending disposal in this Court. As regards Surjit Singh Spehia's case, his services were taken over as Superintendent (Grade-II) from the date of taking over the College i.e. 15.8.1984 and not from 18.3.1973 i.e. from his initial appointment in privately aided College. It is significant to note that the services of Sephia were taken over as Superintendent (Grade-II) well before the guidelines dated 25.8.1994 came into being. On the other hand, services of the petitioner in this case have been taken over from the date when he initially was appointed in Chander Dhar Guleri Degree College, Haripur (Guler), District Kangra. As regards Rajni Sharma's case, it has been pointed out that the same pertains to regularization of adhoc/tenure services of government sector employees which has nothing to do with the cases of aided sector ministerial staff. The same as such, is also not applicable in this case.

(3.) The challenge to the impugned judgment is also on the grounds inter alia that the writ petitioner was appointed on 14.7.1994 as Clerk by the Management of the College and thereafter promoted as Superintendent (Grade-II) on completion of 3 years and 9 month's service i.e. on 1.4.1997. As per the R & P Rules, there is no provision of promotion from the post of Clerk to Superintendent (Grade-II) and rather a Clerk firstly is to be placed in the cadre of Sr. Clerk and in that of Jr. Assistant on completion of 5 years regular service as Sr. Clerk and Sr. Assistant on completion of 10 years service as Jr. Assistant in the cadre. A Sr. Assistant on completion of 6 years service becomes entitled to promotion as Superintendent (Grade-II), that too subject to availability of posts under the grant-in-aid Rules.