Jaswant Singh vs State of H.P. and Others

Justice Rajiv Sharma, Judge

Petitioner was appointed as Peon in the office of respondent No. 3 on 28.2.1983. He was transferred/posted as Turnkey in Judicial Lockups at Sundernagar vide order dated 4.6.1985. Case of the petitioner, in a nutshell, is that he should be promoted as Clerk in view of the seniority in the Prison Department as Turnkey-cum-Peon from the date respondent No. 4 Garib Dass has been promoted. Respondent No. 4 was appointed as Peon on 30.11.1988 in the Prison Department and was promoted as Clerk on 25.10.1997. Petitioner was never appointed in the Prison Department. He has exercised the option for absorption in the Prison department only in the year 2004. Since the petitioner was not born in the cadre of Prison Department, he is precluded from assailing the promotion of respondent No. 4 as Clerk. Respondents No. 5 and 6 were working in the office of Deputy Commissioner and they have been promoted as Clerks in the same department. Accordingly, in view of the observations/discussions made hereinabove, there is no merit in the present petition and the same is dismissed. No costs.