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1. The petitioner has approached this Court with a prayer for quashing the Office Order No. 8 dated 11.02.2010 (Annexure-5) issued by the Office of the respondent No. 5, whereby and whereunder the petitioner has been deputed to the post of Accounts Clerk without extending financial benefits of the said post.

2. The petitioner was appointed as typist on daily-wages under the respondent no. 5 in the year 1980. In the year, 1984, the petitioner was appointed as Choukidar in the work charge Establishment. It is stated that as the petitioner was efficient in typing, he performed the work of typist since 1984 in the said Department/office. On 22.12.1991, the Establishment Committee of the said Department recommended the name of the petitioner for appointment as Typist against the vacant post on the basis of his experience of the said post. Thereafter, no steps were taken by the respondents in the matter of promotion of the petitioner from Class-IV post to Class-III post. As no steps were taken, the petitioner filed a writ petition before this Court vide W.P.(S) No. 1116 of 2007 for direction upon the respondents to promote him to Class-III post for which he is eligible. The said writ application was disposed of vide order dated 17.04.2007 with a direction to respondent No. 2 to consider the claim of the petition and to pass appropriate order in accordance with law. After the direction of this Hon’ble Court, vide Office Order No. 53 dated 30.12.2009 issued by the office of the respondent No. 5, the petitioner was deputed to perform the work of correspondence Clerk, which is a class-III post. Thereafter, the petitioner joined to the post of correspondence clerk as per the order contained in Annexure-3 herein. In reference to Office Order No. 53 dated 30.12.2009, it has been specifically stated in his joining letter itself that he reserved all his legal rights.

3. On 11.02.2010 vide Office Order No 8 issued by the respondent No. 5, the petitioner was again deputed to another post i.e. the post of Accounts Clerk, which is also a Class-III post. Though the petitioner is working on Class III post since the year 1991 and also he was appointed to the Class-III post by the order of this Hon’ble Court, till date the petitioner is not being paid the salary of Class-III post neither any compensatory allowances are being paid and as such, the petitioner was compelled to knock the door of this Court.

4. Mr. A.K. Sahani, learned counsel appearing on behalf of the petitioner submits that the action of the respondents is arbitrary, illegal and not tenable in the eyes of law. Learned counsel for the petitioner further submits that petitioner is working on Class-III post since 1991 and the respondents have just to comply the order of this Hon’ble Court passed in W.P.(S) No. 1116/2007, issued a formal order of appointment without fixing his pay in Class-III post. As the petitioner is working on class-III post since last 26 years, he is entitled for confirmation in class III post and also entitled for getting the entire salary of the said post.

5. Per contra, counter-affidavit has been filed by the respondents. Mr. Raunak Sahai, learned counsel appearing on behalf of the respondents draws the attention towards paragraph Nos. 15, 16 and 21 of the counter-affidavit and argues that as the respondents are yet to obtain roster clearance, the matter regarding appointment/promotion on class-III post will be considered after roster clearance meaning thereby as soon as roster clearance is obtained, the case of the petitioner will be considered. Learned counsel further argues that in the deputation order itself, it has been specifically mentioned that no financial benefits as well as claim for promotion shall be entertained and as such, even the petitioner is working on the said post for last 26 years, he is not entitled for the salary of the said post neither any compensatory allowance, as he was deputated to work on class-III post on his own pay scale.

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