IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 2884 of 2008. Decided on: 8.4.2009. ___________________________________________________________ Jagdish Raj Prabhakar … Petitioner. Versus The State of H.P. and another. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 Yes. For the Petitioner : Mr. J.P. Upadhaya, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. ___________________________________________________________ Rajiv Sharma, Judge (Oral). The petitioner was temporarily adjusted and posted in Government Ayurvedic College, Paprola, Tehsil Baijnath, Disitrict Kangra vide office order dated 2.5.1980. The office order dated 2.5.1980 reads thus: “Sh. J.R. Prabhakar, M.D. (Ay), Ayurvedic Chkitsa Adhikari Circle Ayurvedic Hospital, Katrain (Kullu) is hereby temporarily adjusted & posted in Govt. Ayurvedic College, Paprola Distt. Kangra in public interest in his own post and pay scale till such time the additional teaching posts for the said college are created and filled up on regular basis in accordance with the relevant Departmental Recruitment & Promotion Rules to be notified by the Govt. Shri J.R. Prabhakar, will continue to draw his salary from the Chief Medical Officer, Kullu Distt. Against his original post of Ay. Chikitsa Adhikari in 1 Whether reporters of the local papers may be allowed to see the judgment?Yes. 2 Circle Ay. Hospital, Katrain which will be remitted to him by the C.M.O. Kullu through the Principal, Govt. Ayurvedic College, Paprola.” The petitioner was regularized with effect from 26.2.1986. However, it appears that while drawing the seniority list of Lecturers/Demonstrators, the services rendered by the petitioner with effect from 7.5.1980 till the date of regularization i.e. 26.2.1986 had not been taken into consideration. He made representation to the Secretary (Health & Ayurveda) to the Government of Himachal Pradesh for assigning him correct seniority after taking into consideration the experience he has gained against the post of Demonstrator with effect from 7.5.1980. The representation made by the petitioner was rejected on 27.12.1994. It is apparent from the text of the letter dated 2.5.1980 that the same is non speaking order. The petition was admitted on 20.4.1995. The State has not chosen to file the reply till date. I have heard the parties and have perused the documents annexed with the petition. It is evident from office order dated 2.5.1980 that the petitioner was posted in Government Ayurvedic College, Paprola due to paucity of teachers in the college. He started discharging the duties of Demonstrator/Lecturer with effect from 7.5.1980. The fact of the matter is that he discharged the duties of Demonstrator with effect from 7.5.1980 till the date of his regularization i.e. 26.2.1986. The representation made by the petitioner to the Secretary (Health & Ayurveda) on 10.10.1994 was arbitrarily rejected on 27.12.1994 without assigning any reasons. The order 3 which has civil consequences must be self-contained/speaking. It is also admitted fact that the petitioner has superannuated during the pendency of the petition. In case the services rendered by the petitioner as Demonstrator/Lecturer with effect from 7.5.1980 till the date of regularization had been counted, he was bound to be considered for the post of Assistant Professor/Senior Lecturer. The petitioner has also high-lighted in his representation the case of Shri Sat Pal Bansal. The petitioner has got his lien temporarily suspended at the time of joining his duties at Government Ayurvedic College, Paprola. Shri Sat Pal Bansal has not suspended his lien in the parent department. The petitioner had given his option to be absorbed in the respondent-College. In these circumstances, on the basis of option exercised by the petitioner, he was to be considered for promotion to the post of Assistant Professor/Senior Lecturer by counting his services with effect from 7.5.1980 onwards before Shri Sat Pal Bansal. Accordingly, the writ petition is allowed. Annexure A/1 dated 27.12.1994 is quashed and set aside. The respondents are directed to re-draw the seniority list of Demonstrators/Lecturers and to assign the seniority to the petitioner by counting his services with effect from 7.5.1980. Thereafter, the respondent shall consider the case of the petitioner for promotion to the post of Assistant Professor/Senior Lecturer from the date his juniors were promoted and if necessary by creating supernumerary post. In case he is found suitable, he will be entitled to all consequential benefits. No costs. (Rajiv Sharma), J. April 8, 2009. (cr) 4