H.P. OFFICERS ARCHITECT ASSOCIATION, H.P.PWD Vs. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (PWD), GOVERNMENT OF HIMACHAL PRADESH, SHIMLA

JUDGEMENT

(1.) By means of this petition, the petitioners, out of which petitioner No.1 is an Association of Architects and petitioners No. 2 to 4 are degree holders Architect, pray as follows:-

(2.) As far as the first grievance of the petitioners is concerned, the undisputed facts are that prior to the amendment of the Rules in the year 2007 the posts of Architect Class-I were to be filled in only from amongst degree holder Assistant Architects having eight years experience. By the amendment brought about on 22.11.2007 the rules were amended and 30% of the posts meant for Architect Class-I were required to be filled up from amongst Assistant Architect possessing a diploma in Architecture with eight years service. 70% of the posts were to be filled up from degree holders Assistant Architect.

(3.) The main challenge of the petitioners is that whereas under the old rules they alone were eligible, now by amendment of the rules the diploma holders have also become eligible and therefore their right to get promoted has been affected. There can be no manner of doubt that the petitioners are adversely affected by the promotion. As per the unamended rules it was the petitioners alone who could have been promoted and the diploma holders had no chance of being promoted to the post of Architect. By making the amendment the State has given a promotional avenue to the diploma holder Assistant Architects, which will affect the chances of promotion of the petitioners and other degree holder Architects.