ARVINDRA CHANDEL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) SINCE common questions of law are involved and the facts are also almost the same in all these petitions, the same were directed to be heard together vide order dated 9.12.2011 and are being disposed of by a common judgment. However, in order to maintain clarity, the facts of CWP No. 7662 of 2011 have been taken into consideration. 1. CWP No. 7662 of 2011.

(2.) PETITIONERS are working as Assistant Librarians in the respondent -department. They are holding Bachelor and Master's Degrees in Library and Information Science. The respondent -State has framed the rules under Article 309 of the Constitution of India, called "the Himachal Pradesh Education Department Class -III (Technical) Service (Recruitment, Promotion and certain conditions of Service) Rules, 1971. These Rules have come into force with effect from 24th December, 1973. According to these rules, the mode of recruitment for the post of District Librarian/College Librarian/Junior Librarian (Central State Library, Solan) was 75% by way of promotion from amongst the Assistant Librarians/College/School/Public and Community Centre Librarians on the basis of seniority -cum -merit, subject to the fulfillment of minimum educational qualifications prescribed and 25% by direct recruitment. The relevant Rules 6 and 7 of the said Rules are reproduced as under: -

(3.) THE respondent -State has decided vide notification dated 16th August, 2011 to bifurcate the cadre of District Librarians/College Librarians/Junior Librarians (Central State Library, Solan) into following two cadres: -