HIGH COURT OF HIMACHAL PRADESH Vs. NARAYAN SINGH

JUDGEMENT

(1.) THIS appeal by High Court is directed against the judgment dated 25.9.2008, delivered by a learned Single Judge of this Court in CWP No. 84 of 2006, whereby he allowed the petition filed by the respondent (hereinafter referred to as the petitioner) and directed the present appellant to process the case of the petitioner for being placed against a post of Junior Assistant with all consequential benefits. Briefly stated, the facts of the case are that the petitioner was appointed as a Peon in Civil and Sessions Division, Solan in October 1990. He was appointed as a Clerk (Civil Ahlmad) w.e.f. 21.3.1995. The petitioner sought his transfer from Civil and Sessions Division, Solan to Civil and Sessions Division, Kullu and on his request he was transferred on 1st October, 1999 and relieved on 13th October, 1999. He joined his duties in Civil and Sessions Division, Kullu on 15th October, 1999. As per the Inter District Transfer Scheme when a person, on his own request, is transferred from one district to another he forgoes his seniority and joins at the bottom of the category in which he is joining in the transferee district.

(2.) THE petitioner by means of writ petition claimed that he should be placed as a Junior Assistant after completing 5 years service as a Clerk and should be paid the scale of Junior Assistant. It is not disputed that as per the Rules applicable, a Clerk on completion of five years service is to be placed as a Junior Assistant and is to get a salary of Junior Assistant. It is also not disputed that as per the existing Rules, the posts of Clerk have been divided 50% each for Clerk and Junior Assistant and every Clerk who has put in five years service can be placed as Junior Assistant if there is a vacancy available against the post of Junior Assistant. The case of the petitioner is that once he had completed five years service he should have been placed as Junior Assistant and there was a vacancy in Kullu District. The learned Single Judge allowed the petition.

(3.) THE contention of Mr. Ajay Mohan Goel, Advocate is that the petitioner having forgone his seniority went at the bottom in the category of Clerks in Kullu District. He further submits that there are Clerks in Kullu District who are senior to the petitioner and who are waiting for their turn to be placed as Junior Assistant. He submits that till the persons who are now senior in Kullu District to the petitioner are placed as Junior Assistant, the petitioner could not be so placed. He, therefore, challenged the judgment of the learned Single Judge.