RAMESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Himachal Pradesh dated 04.03.2020 passed in CWP No. 11 of 2019 and CWP No.12 of 2019 by which the High Court has allowed the said writ petitions preferred by the private respondents herein ­ original writ petitioners by which the High Court has set aside the promotions of the Assistant Accounts Officers junior to the original writ petitioners and has directed the Himachal State Electricity Board Limited (hereinafter referred to as "the Board") to consider the original writ petitioners for promotion to the post of Accounts Officers from the dates from which the persons junior to them in the cadre of Assistant Accounts Officers (hereinafter referred to as "AAO") were promoted to the post of Accounts Officers (hereinafter referred to as "AO"), the original private respondents as well as the Board have preferred the present appeals.

(2.) That the dispute is related to the promotion to the post of A.O. Once again the dispute is between the direct recruits and the promotees. That earlier the post of AAO was a promotional post to be filled up 100% by promotion from Superintendent (D/A), who have cleared SAS Part-II examination. Similarly, the post of AO was a promotional post to be filled up 100% by promotion from the post of AAO. In the year 2006 the Regulations came to be amended and a provision was made for direct recruitment for the post of AAOs. The respondents herein ­ original writ petitioners were the direct recruits to the post of AAO. Initially, they were appointed on contract basis though their appointments were after following due procedure of selection. The appellants herein ­ original respondents are the promotees to the post of AAO.

(3.) We have heard Shri P.S. Patwalia, learned Senior Advocate appearing on behalf of the appellants herein ­ promoted AAOs, who subsequently came to be promoted as AOs and learned counsel appearing on behalf of the Board and learned counsel appearing on behalf of the original writ petitioners ­ direct recruit AAOs.