THAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) PRESENT Civil Writ Petition filed under Article 226 of the Constitution of India. Brief facts of the case as pleaded are that petitioner was appointed as Gram Panchayat Vikas Adhikari (GPVA) on dated 14.10.1998. It is pleaded that in the year 2003 the name of the petitioner was sponsored by respondent department for undergoing five years degree course in B.Sc Agriculture and petitioner was allowed study leave and he completed B.Sc degree by scoring 70.1% marks. It is pleaded that in the year 2008 the Recruitment and Promotion Rules for the post of Agriculture Development Officer (Class -I Gazetted) provides two modes of recruitment to the post of Agriculture Development Officer. (1) 50% by way of direct recruitment (2) 50% by way of promotion. It is pleaded that in the recruitment by way of promotion 5% quota is reserved for the category of GPVA. It is pleaded that petitioner is qualified and eligible to be promoted for the post of Agriculture Development Officer (ADO) as per Recruitment and Promotion Rules. It is pleaded that on dated 7.3.2009 respondent department initiated the process for promotion to the post of Agriculture Development Officer Class -I Gazetted and the name of the petitioner was also mentioned in the panel at serial No. 11. It is pleaded that respondents promoted as many as eleven similarly situated persons to the post of Agriculture Development Officer but the name of petitioner did not recommend for promotion for the post of Agriculture Development Officer. It is pleaded that in the year 2010 one Kaula Ram Agriculture Development Officer who belonged to the quota of the petitioner retired on 31.5.2010 and one Sh Arjun Singh Agriculture Development Officer who belonged from the same quota also retired in July, 2010. It is pleaded that two posts belonging to the category of petitioner have fallen vacant. It is further pleaded that despite the vacancy of two posts the petitioner was not promoted to the next higher post of Agriculture Development Officer in accordance with Recruitment and Promotion Rules. It is pleaded that on dated 29.8.2010 petitioner filed Civil Writ petition No. 5130 of 2010 before Hon'ble High Court of HP which was decided on 23.8.2010. It is pleaded that on dated 28.12.2010 respondent No. 2 has rejected the case of the petitioner in illegal manner. It is pleaded that Annexure P10 dated 28.12.2010 be quashed. It is pleaded that petitioner be promoted to the post of Agriculture Development Officer (Class -I Gazetted) with all consequential benefits. Prayer for acceptance of writ petition sought.

(2.) PER contra reply filed on behalf of respondents pleaded therein that petitioner was appointed as GPVA on dated 14.10.1998. It is pleaded that as per Recruitment and Promotion Rules for promotion to the post of Agriculture Development Officer 5% quota has been provided to the category of GPVA who possess B.Sc (Agri.) with seven years regular service. It is pleaded that twenty posts fall in the share of GPVA as per provision of Recruitment and Promotion Rules. It is pleaded that all posts have been filled up by way of promotion. It is pleaded that at present no post is lying vacant in the share of GPVA. It is pleaded that the claim of the petitioner is not maintainable. Prayer for dismissal of writ petition sought.

(3.) FOLLOWING points arise for determination in the present writ petition: