RAKESH THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of this writ petition, the following relief has been sought:-

(2.) THE grouse of the petitioner as has been brought to this Court in the present writ petition is that though he is eligible in accordance with Recruitment and Promotion Rules for promotion to the post of Research Officer, however, not considered without any rhyme and reason. Also that the proposal for amendment in the Recruitment and Promotion Rules made to the 1st respondent being illegal may be quashed and that the respondents be restrained from amending the Recruitment and Promotion Rules.

(3.) THE petitioner has acquired the requisite experience of 8 years as on 5th February, 2012. The post is also lying vacant since November, 2009. The same, however, has not been filled up, may be on account of the 2nd respondent had proposed the amendment in the Recruitment and Promotion Rules and vide Annexure R-1 forwarded the same for approval to the State Government. The stand of the 1st respondent, therefore, is that in view of the amendment sought in the recruitment and promotion Rules, the petitioner has not been considered for promotion as Research Officer. The 1st respondent, however, has rejected the proposal for amendment in the Recruitment and Promotion Rules and conveyed the decision so taken to the 2nd respondent vide letter No.GAD-C(A)3-1/10-loose, dated 21.7.2012, Annexure R-D to the reply filed on behalf of the said respondent.