LAWS(HPH)-1979-4-2

A.V.SHARMA Vs. STATE

Decided On April 23, 1979
A.V.SHARMA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner, Shri A. V. Sharma, was originally appointed as Junior Engineer, but with effect from 15 -9 -1970 he was appointed as Assistant Engineer, ad hoc. Rules of recruitment to the post of Assistant Engineer passed under Article 309 of the Constitution, came into effect on 9 -8 -1973, when the petitioner was still continuing as ad hoc Assistant Engineer. According to these rules, the method of recruitment to the post of Assistant Engineer was 50 per cent by promotion and 50 per cent by direct recruitment.

(2.) Thereafter on 30 -1 -1975, the petitioner and his other colleagues, who were also given ad hoc promotion to the post of Assistant Engineer, were regularised on officiating basis on the post of Assistant Engineer.

(3.) Respondent No. 3 to this writ petition, whose name is R. C. Sharma, and respondent No. 4, A. K. Kashyap, are the direct recruits. They were recruited respectively on 19 -1 -1971 and 14 -1 -1971.