Mrs. Sujata V. Manohar - (1.) -The appellant joined the services of the High Court of Punjab and Haryana as a Clerk in the year 1966. In 1973 he was promoted as an Assistant. From 1979 he was a Senior Assistant within the cadre of Assistants. As Senior Assistant he was entitled to a higher pay-scale. In or around 1978 on account of cases relating to defaulcation of funds in the subordinate courts coming to the notice of the High Court, it was decided by the Chief Justice and other Judges of the High Court that an agency should be created on the establishment of the High Court to undertake audit of the subordinate courts. The office of the Accountant General was not in a position to do this work for the High Court. It was, therefore, decided that the work of audit both in the High Court as well as in the subordinate courts should be done by the High Court departmentally by posting some experienced or properly qualified officers in charge of the work. The High Court did not have any qualified staff members who had passed the Accounts Services Examination. It, therefore, set up an Internal Audit Cell in 1978 which then consisted of two Superintendents Grade II, two Assistants and a Clerk. The appellant worked in the Internal Audit Cell from its inception.
(2.) In May 1981 the appellant passed the Subordinate Accounts Services (SAS) Examination held by the Haryana Government Finance Department. According to the appellant officials who have qualified in the SAS examination are usually posted as Section Officers in the Central Government and as Senior Auditors in the State Governments. Their next avenue of promotion is to the post of Accounts Officer. On qualifying the SAS examination appellant made a representation to the Chief Justice of the Punjab and Haryana High Court in which he pointed out that he was the first official of the court who had qualified in the SAS examination. Keeping in view his qualification and experience, he should be given an opportunity to serve as Superintendent for the purpose of conducting audit of the accounts of the High Court as well as the subordinate courts. He stated that he was the only official who was qualified to do this work and requested that his qualification and experience should be recognised by making him Superintendent. This representation was considered by the Chief Justice of the High Court. Bearing in view the qualification and the excellent work which was being done by the appellant in the Internal Audit Cell, it was decided to promote the appellant as officiating Superintendent Grade II, against a newly created post although he was junior to several other officers in the cadre of Assistants. Accordingly by an office order dated 9-2-1982 the appellant was promoted as officiating Superintendent Grade II (on ad hoc basis) with effect from 3-2-1982. In the "remarks" column it was stated as follows:- "Against a newly created post w.e.f. 3-2-1982 (forenoon) by keeping in abeyance one post of Senior Assistant held by him subject to the condition that on his promotion he will not be deemed to have become senior to those official who are otherwise senior to him in the general seniority and that he will have no preferential claim for promotion as Superintendent Gt. I merely on account of his present promotion."
(3.) In May 1982 the appellant made a further representation to the Chief Justice of the High Court which is dated 20th of May, 1982. The appellant requested that he should be promoted to Superintendent Grade I. He pointed out that in the course of his duties, he had to inspect the work and accounts of persons holding posts senior to him, which was causing some embarrassment. He submitted that looking to the nature of the work and his responsibilities, he should be promoted as Superintendent Grade I so that he can effectively discharge his duties of carrying of the internal audit of the High Court and the subordinate courts.;