RAM SARUP KALIA Vs. STATE OF H.P.

JUDGEMENT

(1.) IN this application under Section 19 of the Administrative Tribunals, Act 1985 the applicants have claimed the following reliefs: (i) Declare the impugned instructions issued by the respondent State dated 7.11.2001 and now Recruitment and Promotion Rules framed by the respondent State for the post of Assistant Engineers Civil and in the Himachal Pradesh Public Works Department vide notification dated 30.5.2002 whereby in column ten word POST has been introduced in place of word VACANCY as it existed in old Recruitment and Promotion Rules of 1995 and further where in column 11 Roster as been prepared by the giving point to Diploma holders Junior Engineers despite the fact that there is no separate category of diploma holders Junior Engineers for the purpose of promotion to the post of Assistant Engineer Civil as they are part and parcel of category (i) in column 11 and where it has been stated that after applying roster till representation for all categories in achieved the vacancy will be filled from the category which vacates it ignoring the well settled law of the land that w here there are more than one source of recruitment even by way of promotion, the persons so recruited on recruitment loose their birth marks and hence percentage meant for different sources are to be applied to vacancy accruing and not posts, as arbitrary, discriminatory, illegal against the judgments of the Honble Supreme Court ultra viresx and hence unconstitutional being violative of Article 14 of the Constitution of India and quash the same. (ii) Direct the respondent State to prepare Recruitment and Promotion Rules for the post of Assistant Engineer (Civil) on the same lines as the old Recruitment and Promotion Rules dated 19.4.1995 with further direction to the respondent state not to substitute word POST with the Word VACANCY in column 10 of the model Performa of Recruitment and Promotion Rules and further prepare roster category wise from which promotion is made keeping in view that the promotion is to be made to a Selection post. (iii) Declare any promotion made on the basis of impugned Recruitment and Promotion Rules dated 30.5.2002 for the post of Assistant Engineer (Civil) during the pendency of the present application as bad in law and being non est."

(2.) THAT the applications in present application are Junior Engineer (Civil) who possessed diploma in Civil Engineering at the time of their initial recruitment. In para 6 sub para (a) they have given the details relating to their joining and date of acquiring AMIE qualification which may be reproduced at this stage for ready reference: - Name Date of joining Date of acquiring AMIE Qualification Ram Sarup Kalia 13.10.1986 8.4.1994 Verinder Guleria 12.9.1986 6.10.1991 Ravider Kumar Sharrfia 9.2.1987 18.9.1998 Ravi Dutt Sharma 16.2.1987 26.3.2001 Pardeep Kumar 4.2.1987 23.3.1992 Shashi Kant Sharma 17.5.1988 30.9.1999 Yash Pal Vashist 12.12.1988 6.10.1994 Har Gobind Kaushal 23.11.1989 18.9.1998 Verinder Kumar Dhiman 21.12.1989 13.11.1991 Ashok Kumar Sharma 23.11.1989 28.3.1992 Kishore Kumar Sharma 9.5.1988 4.10.1989 Chuni Lai Sharma 11.1988 14.3.1997 Balbir Singh thakur 12.7.1991 20.9.1996 Ashok Kumar Bhupal 4.12.1989 8.4.1994 Jitinder Dutt 17.11.1989 October, 2002 Hardeep Singh 31.8.1992 5.4.1993 Vijay Kumar Verma 22.2.1990 20.9.1996 Vineet Sharma 17.6.1991 22.3.2000 P.P. Singh 16.5.1998 5.4.1993 Ajay Kumar 11.5.1988 25.3.1990 Manohar Lai 14.7.1993 March, 2002

(3.) TO appreciate the point in issue few facts deserve to be noted carefully. The 21 applicants herein were initially recruited as JE (Civil) through State Public Service Commission on the basis of diploma in Civil Engineering. During service they acquired further qualifications of AMEs on different dates. Next promotional post is of AE (Civil) and about 309 posts exists for this posts. Applicants have more than seven years of service to their credit