KUSHAL SINGH RANA Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER was appointed as Computer on 6.3.1981. He was promoted as Junior Statistical Assistant in the month of December, 2008. Respondent -State has notified rules on 16.9.2000 called the "Himachal Pradesh Department of Health and Family Welfare Statistical Assistant Class -III (Non -Gazetted) Recruitment and Promotion Rules, 2000". According to these rules, the post of Statistical Assistant is a non -selection post. The essential qualification and other eligibility criteria required for direct recruitment/promotion for the post of Statistical Assistant read as under:

(2.) THE method of recruitment was 66 -2/3% by direct recruitment and 33 -1/3% by promotion failing which by direct recruitment. The Junior Statistical Assistant, who possessed five years regular service or regular combined with continuous ad hoc service was eligible for promotion to the post of Statistical Assistant. Respondent -State framed rules called "The Himachal Pradesh, Department of Personnel, Statistical Assistant, Class -III (Non -Gazetted) Common Direct Recruitment and Promotion Rules, 2011. These were notified on 20.8.2011. Minimum Educational and other eligibility criteria required for direct recruits/promotion for the post of Statistical Assistant read as under:

(3.) CASE of the petitioner precisely is that though he was eligible and qualified for promotion to the post of Statistical Assistant as per the Recruitment and Promotion Rules, 2001 but he was not considered and the persons junior to him were considered and promoted vide Annexure P -4.