K.R. Verma vs State of Himachal Pradesh and Another

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

i) That appropriate time bound directions may kindly be issued to the Respondents to create alternative promotional avenue for the applicant by up-gradation of the post of Private Secretary (Class-I Gazetted) to that of Senior Private Secretary (Class-I Gazetted) in his line of promotion as is being done in the H.P. Secretariat in view of Regulation 10 of the H.P. Public Service Commission(Staff) Regulation, 1971 which provides that all the officers and the employees of the Com mission shall be subject to the same condition of service as are applicable from time to time to the corresponding categories of the H.P. Secretariat.

ii) That in the alternative the impugned notification dated 15-6-1998 (Ann. A-5) vide which the R and P rules for the post of Addl. Registrar deleting the category of the applicant was notified may kindly be quashed and set aside. The applicant should be kept in the feeder category of promotion to this post of Additional Registrar class-1 (Gazetted) by framing rules afresh.

iii) That the impugned fresh notification notifying the R and P rules for the post of Registrar, replacing the earlier notified rules wherein the applicant''s category was in the field of promotion, should be quashed and set aside as in (Ann. A-7), and fresh rules be prepared by the Respondents state providing promotion avenues to this post to the applicant.

iv) That so long the alternative promotional avenues are not provided to the applicant, his eligibility for promotion to the posts of Addl. Registrar/Registrar/under Secretary/Deputy Secretary should remain intact in the interest of law and justice.

v) That the impugned date 8-4-2005 (Annexure A-12) may kindly be quashed and set aside.

Petitioner submits that his case has been duly recommended by the second Respondent and the decision is to be taken by the first Respondent. In that view of the matter, it is further submitted that the other grievances are not pressed. There will be a direction to first Respondent to take appropriate action pursuant to the recommendations made by the second Respondent, within a period of two weeks from the date of production of copy of this judgment by the Petitioner before the first Respondent alongwith a copy of the petition.

The writ petition is disposed of, so also the pending applications, if any. No costs.

Copy of this judgment duly authenticated by the Court Master be supplied to the parties.