AIN SINGH THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has approached this Court, seeking directions to respondent/State to promote him to the post of Assistant Engineer, as per final seniority list of Junior Engineers (Mechanical) serving in Irrigation and Public Health (IPH) Department, as it stood finalized on 31.12.2017 wherein he is at Sr. No. 15, whereas, person below him in seniority, positioned at Sr. No. 16 namely Umesh Kumar has been given placement as Assistant Engineer (Mechanical) vide notification dated 7th September, 2019 (Annexure P-9) ignoring the seniority of petitioner.

(2.) Petitioner had not arrayed the aforesaid Umesh Kumar as respondent. However, during pendency of petition, the said Umesh Kumar had approached this Court by filing an application and this Court, by allowing the said application, had arrayed him as party/respondent No.5.

(3.) The dispute involved in present case is with respect to promotion of incumbent from the post of Junior Engineer (Mechanical) to the post of Assistant Engineer (Mechanical). Latest Recruitment and Promotion Rules (in short 'R&P Rules') dealing with Appointment and Promotion of Assistant Engineer (Mechanical), in the Department concerned, have been placed on record by respondent/State with its reply as Annexure R-1, wherein Rule 10 provides that 30% posts of Assistant Engineer (Mechanical) shall be filled by direct recruitment on regular basis or by recruitment on contract basis, as the case may be, and remaining 70% posts shall be filled in by promotion.