YASH PAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) MATERIAL facts necessary for the adjudication of this petition are that the petitioner was appointed as Surveyor on daily wage basis in the month of September, 1979. He was regularized w.e.f. 1st January, 1989. The post of Surveyor was in the feeder category for promotion to the post of Junior Engineer as per the Recruitment and Promotion Rules notified in the year, 1979. Petitioner sought permission for acquiring diploma in Civil Engineering from British Institute, Mumbai on 30th May, 2003. Copy of the diploma is placed on record. The seniority list of Surveyors was issued as it stood on 31.3.2003. The case of the petitioner, in a nut -shell, is that respondents have not considered his case for promotion to the post of Junior Engineer, though similarly situate persons, namely, Shri Kedar Nath, Shri Kushal Singh and Shri Raj Kumar were promoted as Junior Engineers (Civil) vide Annexure A -7, dated 15th March, 2003.

(2.) THE sum and substance of the reply filed by the respondent -State is that as per new Rectuitment and Promoition Rules published on 19th February, 2004, the candidates who have obtained diplomas from un -recognized Institutes cannot be considered for promotion to the posts of Junior Engineers. Mrs. Ranjana Parmar, learned counsel for the petitioner has vehemently argued that the case of her client was required to be considered as per old Recruitment and Promotion Rules to the post of Junior Engineer. She further contended that her client has been discriminated against by the respondents by not treating him at par with Shri Kedar Nath, Shri Kushal Singh and Shri Raj Kumar.

(3.) I have heard the learned counsel for the parties and gone through the record carefully. Petitioner started working as Surveyor w.e.f. 1979. He was regularized w.e.f. 1st January, 1989. It is admitted by the respondent -State in its reply that in the Recruitment and Promotion Rules of 1979 existed a provision for promotion of the candidates, who have obtained diplomas in Civil Engineering from un -recognized institutions. It is further admitted by the respondent -State in its reply that seven incumbents from the category of Surveyors and one Work Inspector were promoted as Junior Engineers (Civil) on 15th March, 2003. However, fact of the matter is that the petitioner was also promoted to the post of Junior Engineer on 28th May, 2008, but on the basis of seniority alone.