MOHAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) BRIEF facts necessary for the adjudication of this petition are that the petitioner was appointed as Constable in the Himachal Pradesh Police on 22.10.1974. He was confirmed as Constable with effect from 18.4.1982. He was promoted to the post of Head Constable on 17.6.1985. He was confirmed as Head Constable on 1.4.1989. He was promoted to the post of Assistant Sub Inspector on temporary and ad hoc basis on 22.7.1993. His pay was also fixed on the higher post on 24.8.1993. He was promoted as Assistant Sub Inspector on officiating basis vide order dated 22.2.1995. The order dated 22.2.1995 reads thus: -

(2.) IT is further ordered that the above official shall not be entitled to claim the benefit of seniority in the rank of ASI till such time he is promoted as such on regular basis after his name is duly brought on list B -1. -

(3.) IT is intriguing to note that the learned Tribunal granted interim relief to the petitioner on 16.8.1995 without the impugned order dated 11.8.1995 being placed on record. The original application, in fact, was filed against the threatened action of his reversion. The learned Tribunal in these circumstances should have insisted for placing on record the impugned order. The fact of the matter is that the petitioner on the basis of interim order granted by the learned Tribunal on 16.8.1995 was permitted to discharge the duties of Assistant Sub Inspector.