NARENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was initially engaged as daily wage Work Inspector in the respondent-Department, however, after completion of requisite number of years, his services were regularized as Work Inspector vide order dtd. 23/10/2007 in terms of the policy of regularization dtd. 9/6/2006 framed by the Government of Himachal Pradesh, which provides for regularization of daily wage employees after completion of eight years of service with 240 days in each calendar year with cutoff date as 31/3/2004. Though, petitioner after having become regular employee became eligible for promotion to the post of Junior Engineer (Civil) in terms of Recruitment and Promotion Rules for the post of Junior Engineer, but he was not considered on the ground that he does not possess requisite qualification. Diploma in Civil Engineering obtained through distance mode by the petitioner was not recognized. Though, petitioner filed representation, but fact remains that no heed was paid to the request made by the petitioner and as such, he was compelled to approach this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following relief:-

(2.) Pursuant to the notice issued in the instant proceedings, respondent-State has filed reply, perusal whereof clearly reveals that facts, as have been noticed hereinabove, are not in dispute rather stand admitted.

(3.) Precisely, the case of the respondents, as has been set up in the reply and has been further canvassed by Mr. Rajan Kahol, learned Additional Advocate General is that since petitioner was not having requisite qualification in terms of Recruitment and Promotion Rules, framed by the Department for promotion for the post of Junior Engineer(Civil), his case was rightly not considered. It has been claimed on behalf of the respondents that petitioner has passed the Diploma in Civil Engineering in the year, 2014 from State of Karnataka Open University through distance education mode, which is not recognized mode as per the Recruitment and Promotion Rules.