Om Parkash Thakur vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition has been filed with the following prayer:

(a) That in view of the above facts and circumstances, it is most respectfully prayed that the regular promotion of the applicant with effect from 12.6.1998 may be held illegal inasmuch as it promotes the applicant w.e.f. 12.6.1998 and respondents may be directed to reconvene DPC and to consider the applicant for promotion to the post of Assistant Engineer from due date. The promotion of respondents No. 6 to 9 may be held illegal and the same may be quashed and the applicant may be given promotions as regular Assistant Engineer w.e.f. due date with all consequential benefits.

(b) That the action of the respondent department to consider the promotion of respondents No. 4 and 5 against 10; quota meant for graduate/AMIE Junior Engineers may be held illegal and respondent department may be directed to consider their promotions against 405 quota meant for direct recruitment Assistant Engineer and against those available vacancies the applicant may be considered for promotion and be promoted as such with all consequential benefits from due date.

It is brought to our notice that an identical issue was considered by a Division Bench of this Court leading to the judgment, dated 8.1.2010 in CWP No. 1358 of 2010 and LPA No. 65 of 2009. The said judgment is stated to have been directed to re-evaluate the seniority. Therefore, this writ petition is disposed of in terms of the judgment, referred to above. Needful, if not already done, shall be done within four months from the date of production of the copy of this judgment by the petitioner.

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