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2021 Supreme(HP) 746

SANDEEP SHARMA
Yashwant Dev Bhardwaj S/o Late Shri Jamna Dass Bhardwaj – Appellant
Versus
Himachal Pradesh University – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ranjana Parmar, Karan Parmar.
For the Respondents: Surinder Verma, Anil K. God, O.P. Chauhan.

ORDER :

1. In the year, 1971, petitioners herein, came to be appointed as Clerks on daily wages basis in the Directorate of Correspondence Courses, Himachal Pradesh University. On 5.11.1971, respondents decided to hold competitive test of the staff engaged on daily wage basis for the purpose of selection as clerks on ad-hoc basis. Vide communication dated 18.12.1972 (Annexure P-1), respondents took a decision to create posts of clerks to be filled up on ad-hoc basis and in the same year, respondents made appointment to the aforesaid posts of clerk on ad-hoc basis. Perusal of aforesaid communication dated 18.12.1972, reveals that respondent University agreed in principal to create the posts as mentioned in the aforesaid annexure and Assistant Registrar was directed to observe necessary codal formalities in that regard. This Communication further reveals that newly created posts were approved in the budget for the year, 1972-73. Since regular vacancies of clerks were available with the respondent-University, it decided to appoint the existing daily wage Clerks on ad-hoc basis in the regular pay scale of Rs. 110-250. Since University had not framed any R&P rules, it decided to fill up

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