Om Parkash, J.C. - (1.)This is a petition, under Articles 226 and 311 of the Constitution of India. The petitioner, Shri K. C. Kashyap, prays that the respondents be directed to appoint him as Head Assistant in the Industries Department with effect from the 4th September, 1962. The petition is based on the following allegations:--
(2.)The petitioner entered in the service of the Himachal Pradesh Government in 1950. He was appointed as an Assistant in the Industries Department with effect from the 24th September, 1958. The petitioner ranked third in seniority in the seniority list of Class III employees of the Industries .Department. The scale of pay of the Petitioner, as an Assistant, was Rs. 116-250. The pay scale was revised to Rs. 150-10-300 with effect from the 30th September, 1959. The petitioner was promoted as an Assistant at the Headquarters in the pay scale of Rs. 160-10-330 with effect from the 17th November, 1961. On the 4th Sept. 1962, on the recommendation of the Departmental Promotion Committee, Sarvshri N. N. Jaggi and Ram Asra Puri were promoted to the two newly created posts of Head Assistants over the head of the petitioner who was the senior-most Assistant in the department. Sarvshri N. N. Jaggi and Ram Asra Puri had not put in even a year's service in the pay scale of Rs. 150-10-300 whereas the petitioner had worked in that pay scale for three years and had also worked for a year in the higher pay scale of Rs. 160-10-330. The promotion of Sarvshri N. N. Jaggi and Ram Asra Puri over the head of the petitioner was contrary to statutory rules and principles of natural justice. The petitioner made a representation to the Director of Industries against his supersession. That representation was rejected. A representation to the Minister-in-charge met the same fate. The petitioner, then, appealed to the "Lieutenant Governor (Administrator). His appeal was accepted. The Lieutenant Governor set aside the recommendation of the Departmental Promotion Committee and ordered the appointment of the petitioner to the post of the Head Assistant. On the 1st April, 1966, the Secretary of the Industries Department issued an order appointing the petitioner as Head Assistant with immediate effect. The order was incorrect inasmuch as the petitioner was entitled to be appointed as Head Assistant with effect from the 4th Sep. 1962. On the 2nd July, 1966, the petitioner was reverted from the post of the Head Assistant to the post of Assistant. The order of reversion amounted to reduction in rank and as the petitioner was not afforded any opportunity to represent against 'ibis reversion, the order violated the provisions of Article 311 of the Constitution of India and was void. The order of reversion was also without jurisdiction and contrary to law and principles of natural, justice.
(3.)On the above allegations, the petitioner prays that the order of reversion be quashed and the respondents be directed to appoint him as Head Assistant in the pay scale of Rs. 250-350 with effect from the 4th September, 1962 and to allow him all the benefits of that post.