Kishori Lal vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

(i) That the respondent be directed to promote the applicant as work Inspector immediately, keeping in view his experience and length of service in the department.

(ii) That the R & P Rules framed by he Financial Commissioner-cum-Secretary, I&PH to the Govt. of H.P. vide Notification No. A.A(3)-8(96) dated 7.10.1996 be declared as null and void, ultra virus, unconstitutional and not binding on the rights of the applicant.

In the nature of the order we propose to pass in this case, it is not necessary to deal with the second relief and hence this issue is left open.

In the reply, in preliminary submissions, it is stated as follows:

In this connection, it is respectfully submitted that applicant was initially engaged as a daily rated Mate in the year 1971 and thereafter he was regularized as Work charged Mate by he Superintending Engineer, I&PH Circle, Dharamshala vide his office order as 18493-97 dated 18/8/80. A copy of which is placed on record as Annexure RA, for kind perusal of this Hon''ble Tribunal and pursuant to the aforesaid regularization orders applicant submitted his joining report on 23/8/80 as a Work charged Mate and since then working as Work charged Mate to date. It is further submitted that since there were no R&P Rules for the promotion to the post of Work Inspector from the category of Mate as such nothing has been mentioned in the appointment orders regarding promotion as is evident from the Annexure RA. It is further submitted that R&P Rules for the post of Work Inspector has been framed by the H.P. Govt. vide notification No. IPH-AA-(3)-8/96 dated 7-10-96 and according to R&P Rules 25% posts are reserved for Work charged Mate who are Matriculate and have completed 8 years of regular service as a Work charged Mate (copy of R&P Rules is placed on record as Annexure RB for kind perusal of this Hon''ble Tribunal. But in the instant case the applicant does not fulfill/possess essential qualification for the promotion to the post of Work Inspector as he is under Matric and cannot be promoted.

Learned Counsel for the petitioner submits that despite the position as above, several persons junior to the petitioner have been granted relaxation in qualification and they have been promoted also. In the above circumstances, the writ petition is disposed of as follows. In case any junior to the petitioner has been granted relaxation in qualification and consequently granted promotion, similar treatment to the petitioner also shall be granted. The needful in that regard will be done by the first respondent within a period of four months from the date of receipt of appropriate representation to be filed by the petitioner.

The writ petition is disposed of, so also the miscellaneous application(s) pending, if any.