UDHAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioners, who are working on Class III and IV posts under respondent No.2, filed OA No. 2857 of 2017 before erstwhile Himachal Pradesh Administrative Tribunal, which now stands transferred to this Court and registered as CWPOA No. 2212 of 2020, praying therein for the following main reliefs:

(2.) For summing up the facts, it may be noted that vide letter No. PER(AP-III)A(3)-2-loose-III, dtd. 13/8/1997, respondent-State granted one time relaxation in the Recruitment and Promotion Rules of all departments (except Secretariat Administration Department) for promotion of eligible Class-IV employees to the post of Clerk subject to fulfillment of following conditions/criteria:

(3.) The reply filed by the State reveals that on 2/12/1997, a meeting of Departmental Promotion Committee of Deputy Commissioner Office Shimla was held and it was observed that there are 178 sanctioned posts of Clerks, out of which 166 posts were filled up and 12 posts were lying vacant. It was decided that under one time relaxation quota of 20% for 166 posts, 33 posts fell to the share of Class IV employees, out of which 24 posts were already filled up from Class IV in normal course of promotion under 10% quota, leaving a balance of 9 posts, which were filled up by promotion out of Class IV employees in order to implement the decision of the Government.