ORDER

1. This appeal is by an employee who assails the order dated 15-11-1996 passed by the Himachal Pradesh Administrative Tribunal, Shimla (the Tribunal).

2. The appellant was initially recruited as a Clerk in Himachal Pradesh Secretariat in the pay scale of Rs 110-250. The post of Assistant is a higher post in the pay scale of Rs 225-500. The recruitment to these posts is made under the rules framed by the Governor under proviso to Article 309 of the Constitution called "the H.P. Secretariat Class III Service (Recruitment, Promotion and Certain Conditions of Service) Rules, 1973" (hereinafter referred to as "the Recruitment Rules").

3. Certain posts of Assistants being available to be filled up in the Office of the Resident Commissioner of Himachal Pradesh, New Delhi, an advertisement had been issued and the option of the departmental candidates serving in Himachal Pradesh Secretariat was also taken. The appellant offered to serve as an Assistant in the Resident Commissioners Office at New Delhi. After his application was forwarded to the Resident Commissioner who was the Head of the Department, he was finally selected and later on appointment letter was issued in his favour fro