ANANT RAM SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of this petition, the Petitioner, who is an Ex -Serviceman, submits that he should be considered eligible for promotion to the next higher post, i.e. Assistant Director Physical Education, since he has completed three years service as DPE.

(2.) THE basic question which arises for decision in this case is with regard to the interpretation of Clause 11 of the Recruitment and Promotion Rules read with the instructions issued by the Government on 23.02.1989. It would be pertinent to mention that the Recruitment and Promotion Rules for promotion to the post of Assistant Director Physical Education were earlier notified in the year 1975 and thereafter they were repealed and replaced by the Rules of 1997. Rule 11, with which we are concerned, reads as follows:

(3.) THE explanation to the second proviso carves out another scenario wherein when the senior person found to be ineligible is an Ex -serviceman recruited under the Demobilised Armed Forces Personnel (Reservation of Vacancies in Himachal State Non -Technical Services) Rules, 1972 and has been given the benefit of Rule 3 of the said Rules, then the juniors would not be debarred from promotion.