BALBIR SINGH Vs. STATE OF H P

JUDGEMENT

(1.) By way of this writ petition, the petitioner has prayed for the following substantive reliefs:-

(2.) The case of the petitioner is that he was initially appointed as a Public Distribution Clerk in the year 1984 and thereafter promoted to the post of Junior Assistant in the year 1989. The next promotional post was that of Senior Assistant. The grievance of the petitioner is that by virtue of an amendment, which was incorporated in the existing Recruitment and Promotion Rules on 9th of October, 1998, the criteria of promotion to the post of Senior Assistant was altered to the deterrent of the petitioner to the effect that with the introduction of the minimum qualification of Graduation for being eligible for promotion to the post of Senior Assistant, the petitioner was rendered ineligible for promotion to the said post. According to him, since the year 2004, up to superannuation, he performed the duties of Senior Assistant and this also rendered him otherwise eligible to be conferred the benefit of being promoted to the post of Senior Assistant, i.e. the post on which he worked from the year 2004 till his superannuation. It is further the case of the petitioner that some of the persons who were similarly situated as the petitioner, i.e. who were not possessing the qualification of Graduation, were promoted by the respondent-Corporation to the post of Senior Assistant but said benefit of relaxation has not been given to him.

(3.) The case of the petitioner has been resisted by the respondent-Corporation inter alia on the ground that petitioner had no inherent right of promotion and though he had a right of consideration only, however, on the date when his turn on the basis of seniority came for being promoted to the post of Senior Assistant, as he was not eligible for promotion in terms of the Recruitment and Promotion Rules, therefore, there is no illegality in the act of the respondent-Corporation in not promoting him to the post of Senior Assistant. The factum that the petitioner was eligible for being promoted to the post of Senior Assistant was also emphatically denied by the respondent-Corporation. It is further denied by the respondent-Corporation that any person, who was not possessing the minimum qualification of Graduation, was promoted to the post in issue after the amendment in the Recruitment and Promotion Rules was made on 9.10.1998.