LAWS(HPH)-2023-8-33

RAKESH KUMAR SHARMA Vs. STATE OF HIMACHAL PRADESH

Decided On August 28, 2023
RAKESH KUMAR SHARMA Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Petitioners are Junior Engineers (Electrical) in the Department of Public Works, Government of H.P. By way of instant petition, petitioners have raised a grievance against the placement of private respondents above them in the seniority list of the Junior Engineer (Electrical).

(2.) Earlier also petitioners had approached this Court by way of CWP No. 606 of 2023, which was disposed of on 22/2/2023, by directing respondent No.2 therein to decide the objections of the petitioners against tentative seniority list in accordance with law. The objections of the petitioners have been decided by respondent No. 2, vide office order dtd. 27/2/2023. In this background, petitioners have prayed for following reliefs:-

(3.) The service conditions of Junior Engineer (Electrical) in the Department of Public works are governed by Himachal Pradesh Public Works Department, Junior Engineer (Electrical), Class-III (Non-Gazetted) Recruitment and Promotion Rules, 2020 (for short 'the Rules"). As per rules, 75% of the posts are to be filled by way of direct recruitment and 25% by promotion from amongst Junior Technician (Electrical), Draftsman/Surveyor, Work Inspectors, Technician Grade-II and Technician Grade - I, possessing requisite qualification and length of service.