SHYAM LAL Vs. STATE OF H P

JUDGEMENT

(1.) The petitioners in the petition have prayed for a direction for implementation of office order dated 19.1.1995 Annexure A-7 and office order dated 17.2.1995, Annexure A-8 by showing regular date of appointment of the petitioners as Upper Division Clerks (Assistants) w.e.f. 7.10.1973, 1.10.1973, 1.10.1973 and 5.1.1973 respectively with all consequential benefits.

(2.) The pleaded case of the petitioners is that petitioners No.1 to 4 were promoted as Upper Division Clerks in the pay scale of Rs. 160 400 temporarily till further orders purely on ad hoc basis. The petitioners No. 1 to 4 joined as temporarily Upper Division Clerks on 7.10.1973, 1.10.1973, 1.10.1973 and 5.1.1973 respectively. They continued to work continuously, uninterruptedly till 27.9.1976. They had earned only increments, they were allowed to cross the efficiency bar as temporary / adhoc Upper Division Clerks on due dates. As per their initial orders of promotion, their promotions were made subject to further orders. The petitioners on 27.9.1976 were promoted on regular basis in the same pay scale from the date of issue of order.

(3.) Roshan Lal Dulta, Assistant who was promoted as adhoc Upper Division Clerk on 2.6.1976 but was reverted on 27.1.1983, he filed writ petition for declaring him to be a regular Upper Division Clerk from the date of his ad hoc promotion w.e.f. 2.6.1976 and against his reversion to the post of Clerk without giving any opportunity. The writ petition was transferred and ultimately allowed by the erstwhile Tribunal. The respondents No. 1, 2 of the said petition were directed to treat Roshan Lal Dulta as having been regularly appointed as Upper Division Clerk (Assistant) w.e.f. 2.6.1976 and give him all consequential benefits accruing therefrom. In compliance to the order of the erstwhile Tribunal, the respondent No.1 passed office order dated 19.1.1995, Annexure A-7 promoting Roshan Lal Dulta as regular Upper Division Clerk w.e.f. 2.6.1976, i.e. the date of his initial promotion on ad hoc basis.