P.S. Patwalia, J. - (1.) Petitioner joined service in the Irrigation Department in the erstwhile State of Punjab as a Clerk on 26.7.1950. While in service he was promoted as a Sub Divisional Clerk and still further as an Accounts Clerk. Upon reorganisation of the State of Punjab he was allocated to the State of Haryana and served in the Irrigation Department of the State of Haryana. While serving as such he was selected as an Emergency Divisional Accountant in the office of Accountant General, Haryana, Chandigarh on 31.8.1970 and posted in the Loharu Mechanical Division at Dadri. It is the petitioner's case that his posting in the office of Accountant General, Haryana was in the nature of deputation without payment of any deputation allowance. His lien was maintained in the Irrigation Department. His name figured in the seniority list circulated by the Irrigation Department and the petitioner was also confirmed as an Accounts Clerk in the Irrigation Department by an order dated 8.1.1979 with effect from 8.1.1978.
(2.) The petitioner avers that in the P.W.D. Irrigation and Building & Roads Branches, the Divisional Offices comprise of two branches, namely, the Accounts Branch headed by an Emergency Divisional Accountant and the Correspondence Branch under the charge of a Head Clerk. Both these branches are under the administrative control of an Executive Engineer. It is stated in paragraph 10 of the petition that in the matter of responsibility and the order of precedence, the Emergency Divisional Accountant holds superior post to that of a Head Clerk.
(3.) It is further the petitioner's case that on 8.2.1981 he made a representation to the Engineer-in-Chief, Irrigation Department, Haryana that many Accounts Clerks junior to him were promoted as Head Clerks and he should also be given proforma promotion. When there was no reply, he again made a representation on 7.3.1982 claiming the aforesaid relief and also stating that he was no longer interested to remain on deputation and that he should be called back to his parent department. It is the further submission of the petitioner that he learnt in the year 1971 that he had been promoted to the rank of a Head Clerk by an order dated 2.9.1971. He states that the copy of the said order was neither endorsed nor supplied to him and on enquiries made from the office of the Accountant General, Haryana at Chandigarh, it was revealed that the petitioner's order of promotion was not received by that office as well. The petitioner further claims that he also learnt that by subsequent orders dated 2.9.1971 and 7.9.1971, persons junior to him were promoted.;