JAGAT RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in all these petitions, the same were taken up together and are being disposed of by a common judgment. CWP No. 10398/2011 -J

(2.) PETITIONER was appointed as Junior Engineer in the respondent -Board on 11.3.1977. He was promoted to the post of Assistant Engineer in the month of July, 2003. He was assigned Sr. No. 11 in the tentative seniority list of Assistant Engineers (Civil), as it stood on 1.4.2011. Respondent - Board has framed the Recruitment and Promotion Rules for filling up the post of Executive Engineer (Civil) vide Annexure P -1. The post of Executive Engineer is to be filled up 100% by promotion in the ratio of 30:70 from amongst diploma holders Assistant Engineer (Civil) and Graduate Assistant Engineer (Civil) with 8 years regular or regular combined with continuous ad hoc service, if any. The candidate is also required to pass departmental examination as per the Recruitment and Promotion Rules. The post of Executive Engineer (Civil) fell vacant on 1.4.2011. Since the petitioner had not put in 8 years service, his case was not considered for promotion to the post of Executive Engineer (Civil) by the Departmental Promotion Committee in its meeting held on 27.7.2011. One Sh. Som Nath was promoted on ad hoc basis to the post of Executive Engineer (Civil) on 19.8.2011. The Board is not convening the Departmental Promotion Committee for filling up the post of Executive Engineer (Civil). CWP No. 7212/2011

(3.) PETITIONER was appointed as Junior Engineer on 28.8.1978 and was promoted to the post of Assistant Engineer (Civil) in the month of July, 2003. He was assigned Sr. No. 13 in the tentative seniority list of the Assistant Engineers (Civil), as it stood on 1.4.2011. Case of the petitioner in this case is at par with petitioner in CWP No. 10398/2011, titled as D.K. Tandon versus HIMUDA. He has passed the departmental examination in the month of June/December, 2010. The respondent - Board in this case has taken a ground that Sh. Jagat Ram petitioner in CWP No. 7212/2011 could not be discriminated against, thus, his case is required to be considered at par with Sh. Rakesh Sharma, Smt. Anjori Kapoor and Sh. K.K. Kalia. It is further stated in the reply that Departmental Promotion Committee met on 15.9.2011 but was postponed for 25.10.2011. In the meeting held on 25.10.2011, the Superintending Engineer and Executive Engineer, who were recommended to be promoted on ad hoc basis due to non -passing the departmental examination, had been recommended to be promoted on regular basis as they have passed the requisite departmental examination after they were promoted on ad hoc basis. Thereafter, the Departmental Promotion Committee was postponed for 31.12.2011.