RAMESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of this writ petition, the following reliefs have been claimed: -

(2.) IN reply, the stand taken by the respondents reads as follows: -

(3.) HAVING gone through the records and taking into consideration the submissions made on both sides, it is apparent that the petitioner is working as Beldar on regular basis. In annexure R -1, the seniority list of Beldars, his name figures at Sr. No. 24. As per Recruitment and Promotion Rules for making recruitment against various posts in Public Works Department, the next promotion from the post of Beldar is to the post of Mate and not T -Mate. The mode of recruitment to the post of Mate is 100% by way of promotion from amongst the Beldars. A reference to this effect can be made to Recruitment and Promotion Rules, Annexure R -3. The cadre of Mate is Divisional level. In Nalagarh Division of the Public Works Department, there exist only 32 posts of Mate, out of which only 12 posts were lying vacant on the day of filing reply to the writ petition. The petitioner, who is at Sr. No. 24 in the seniority list, could have not been considered for promotion as Mate keeping in view the number of posts lying vacant and his position in the seniority list. It can, however, reasonably be believed that the respondent -Department will consider him for promotion as Mate as per his turn in the seniority list and Recruitment and Promotion Rules. However, so far as this petition is concerned, no case is found to be made out for the grant of the reliefs sought for. In view of the above observations, this petition fails and the same is accordingly dismissed, so also the pending application(s), if any. There shall however be no order as to costs.