BRIJ BHUSHAN LAL Vs. H.P. T.D.C.

JUDGEMENT

(1.) THE petitioner was an employee of the Himachal Pradesh Tourism Development Corporation (hereafter referred to as the HPTDC). The petitioner admittedly submitted a resignation from the post which he was holding on 10.9.1977. According to him he withdrew the resignation on 16.9.1977 but on 21.9.1977 the Managing Director of the HPTDC accepted the resignation with retrospective effect from 15.9.1977. The petitioner thereafter filed a mercy appeal to the HPTDC which appeal was accepted on 2.6.1978 and the petitioner was granted fresh appointment w.e.f. June 12, 1978. However, the petitioner was granted seniority with effect from this date only. Thereafter, some persons who were originally junior to the petitioner were promoted prior to the petitioner. He then represented that his resignation had wrongly been accepted with retrospective effect. When his plea was not accepted he filed an O.A. in the year 1991 before the Administrative Tribunal. This O.A. being OA No.1683 of 1991 was disposed of by a Bench of the learned H.P. Administrative Tribunal (hereinafter referred to as the Tribunal) on 30.12.1992 by directing that the Original Application filed by the petitioner be treated as representation to the Managing Director.

(2.) THE HPTDC considered the representation of the petitioner through its Grievance committee. The petitioner was heard by the said Committee. On 8.4.1993 the Managing Director issued an office order wherein the recommendations of the Grievance Committee were reproduced and the petitioner was asked to give his acceptance in writing to the recommendations of the Grievance Committee. The relevant portion of the office order reads as follows:

(3.) THE petitioner accepted this proposal vide his written option dated 16.4.1993 and thereafter the HPTDC passed an order on 30.6.1993, relevant portion of which reads as under: