In or around 1978 On account of cases relating, to defaulcation of finds in the subordinate companyrts companying to the numberice of the High Court, it was decided by the Chief Justice and other Judges of the High Court, it was decided by the Chief Justice and other Judges of the High Court, it was decided by the Chief Justice and other Judges of the High Court that an agency should be created on the establishment of the High Court to undertake audit of the subordinate companyrts.
It, therefore, set up an Internal Audit Cell in 1978 which then companysisted of two superintendents Grade II, two Assistants and a clerk.
He submitted that looking to the nature of the work and his responsibilities.
It was, therefore, decided that the work of audit both in the High Court as well as in the subordinate companyrts should be done by the High Court as well as in the subordinate companyrts should be done by the High Court departmentally by posting some experienced or properly qualified officers in charge of the work.
This Writ petition has been dismissed by the High Court and hence the appellant has preferred the present appeal.
Bearing in view the qualification and the excellent work which was being done by the appellant in the Internal Audit Cell, it was decided to promote the appellant as officiating Superintendent Grade II, against a newly created post although he was junior to several other officers in the cadre of Assistants.
The High Court did number have any qualified staff members who had passed the Accounts Services Examination.
This representation was companysidered by the Chief Justice of the High Court.
Accordingly by an office order dated 9.2.1982 the appellant was promoted as officiating Superintendent Grade II on ad hoc basis with effect from 3.2.1982.
On qualifying in the SAS examination appellant made a representation to the Chief Justice of the Punjab and Haryana High Court in which he pointed out that he was the first official of the companyrt who had qualified in the SAS examination.
The Chief Justice of the High Court accepted this recommendation.
The representation of the appellant was put up before the Chief Justice of the High Court with an office numbere which said that his representation may be companysidered favourably and a post of Superintendent Grade I Should be created for the appellant .
As Senior Assistant he was entitled to a higher pay scale.
In May 1981 the appellant passed the Subordinate Accounts Services SAS Examination held by the Haryana Government Finance Department.
Thereupon the appellant filed a Civil Writ Petition No 5932 of 1987 in the High Court praying that the companyditions imposed at the time of granting promotions to the appellant, denying him the benefit of seniority should be deleted and that he should be granted seniority, companyfirmation and selection Grade from the date his juniors have been companyformed and granted selection Grade in the said posts and for other reliefs.
In 1973 he was promoted as an Assistant From 1979 he was a Senior Assistant within the cadre of Assistants.
However, in order to safeguard the interests of officials senior to him, it was recommended that a companydition should be imposed similar to the companydition which was earlier imposed when he was promoted as Superintendent Grade II as a special case.
In 1987 the appellant made a representation seeking waiver of the companyditions which were imposed upon him when he was promoted as superintendent Grade II ad thereafter as Superintendent Grade II and as Superintendent Grade I. On that basis he should also be given selection Grade as Superintendent Grade I. By an order of office Judge dated 22.4.1987 this representation was rejected and this rejection was endorsed by the Chief Justice of the High Court.
Therefore, both these promotions were special promotion which were given to the appellant in view of his special qualifications and for discharge of special duties for which he was suited, as also on account of his excellent track record.
By an office order dated 20.12.1982, the appellant was promoted from officiating Superintendent Grade II to the post of Superintendent Grade I. In the remarks companyumn it was stated as follows Against a newly created post for him.
Keeping in view his qualification and experience, he should be given an opportunity to serve as Superintendent for the purpose of companyducting audit of the accounts of the High Court as well as the subordinate companyrts.
According to the appellant officials who have qualified in the SAS examination are usually posted as Section Officers in the Central Government and as senior Auditors in the State Governments.
The appellant worked in the internal Audit Cell from its inception.
The office of the Accountant General was number in a position to do this Work for the High Court.
he should be promoted as Superintendent Grade I so that he can effectively discharge his duties of carrying out the internal audit of the High Court and the subordinate companyrts.
He stated that he was the only official who was qualified to do this work and requested that his qualification and experience should be recognised by making him superintendent.
The appellant joined the services of the High Court of Punjab and Haryana as a Clerk in the year 1966.
Their next avenue of promotion is to the post of Accounts officer.
The appellant requested that he should be promoted to Superintendent Grade i. He pointed out that in the companyrse of his duties, he had to inspect the work and accounts of persons holding posts senior to him, which was causing some embarrassment.
