Shri Lekh Raj Rana (Lecturer) vs State of Himachal Pradesh

Justice Sanjay Karol, Judge

The crucial point is as to whether benefit of adhoc service rendered by the petitioner against the post of Lecturer (Mechanical Engineering), is to be counted for the purposes of promotion or not. In the present petition, I find that the issue, in fact, stands settled by the respondents themselves, which is quite evident from order dated 27th April, 2006, wherein the Principal Secretary (Technical Education) to the Government of Himachal Pradesh has himself held that benefit of adhoc service rendered by the petitioner cannot be taken into consideration for any purpose "except for consideration regarding promotion as provided in the applicable Department of Personnel instructions".

Undisputedly, respondents themselves have placed the petitioner at Serial No.2 in the Seniority List circulated vide letter dated 7th September, 2005 (Annexure A-13). The same was subsequently withdrawn vide Office Memorandum dated 26th May, 2006 (Annexure A-16). Significantly, Office Memorandum Annexure A-16 does not deal with earlier order dated 27th April, 2006 (Annexure A-14). As on date Annexure A-14 stands on record and is enforceable. Decision to count adhoc service for the purposes of promotion is also in consonance with the policy decision, dated 30th June, 2001, taken by the State Government, which is annexed by the respondents being Annexure R-2. Consequently, present petition is disposed of with the direction to the respondents to redraw the Seniority List by taking into account the adhoc service rendered by the incumbents, including the petitioner, to the post in question. Pending application(s), if any, also stand disposed of.