LAWS(HPH)-2011-3-156

RAJINDER SINGH Vs. HIMACHAL PRADESH KRISHI VISHVA VIDALAYA

Decided On March 18, 2011
RAJINDER SINGH Appellant
V/S
Himachal Pradesh Krishi Vishva Vidalaya Respondents

JUDGEMENT

(1.) THE petition has been filed on the following prayers vide para 7 (i) to (v): (i) That the promotion of the Respondents 2 and 3 to the Post of Junior Engineers on 31.12.1988, vide Annexure A -10, may kindly be quashed and set -aside. (ii) That the R&P Regulations dated 27.1.1986 vide Annexure A -3 for the post of Junior Engineer, may be declared contrary to the Act and the Statute and be declared illegal and may kindly be quashed and setaside. (iii) That the Respondent University may be directed to frame new R&P Regulations for promotion to the post of Junior Engineer, in accordance with the Act and the Statute forthwith. (iv) That the Respondent University may be directed to amend the existing R&P Regulations vide Annexure A -3, by providing promotional avenues to the applicants, i.e the Work Inspectors forthwith. (v) That if the relief(s) (i) to (iii) is not maintainable, then the Respondent University may be directed to consider the case of the applicants, i.e. the Work Inspectors, for promotion to the post of Junior Engineer, in pursuance to the decision of the Board of Management dated 2.12.1986, by adopting the R&P Rules for the post of Junior Engineer which are existing in the HPPWD and the 5% quota meant for work Inspector, for the post of Junior Engineer, forthwith.

(2.) IN reply, Respondent No. 1 has taken the following stand vide paras 6(iv) and (v), (vi) and (vii), (x) and (xii) (m), (n), (o) & (p):

(3.) RELIANCE in this regard is placed on the law laid down by the Hon 'ble Supreme Court in the following decisions: