SANDEEP KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner, invoking provisions of Article 226 of the Constitution of India, has approached this Court against order dtd. 16/5/2011 (Annexure P-5) issued by Principal Secretary, Irrigation and Public Health Department (now Jal Shakti Vibhag) to the Government of Himachal Pradesh, whereby his claim to consider him for promotion to the post of Law Officer has been rejected. Petitioner is seeking direction to promote him to the post of Law Officer as per Recruitment and Promotion Rules (R&P Rules), existing on relevant point of time w.e.f. 7/9/2009 with all consequential benefits and also to pay interest @ 18% per annum to him for arrears payable to him on his promotion.

(2.) Petitioner has been working in clerical cadre in Irrigation and Public Health Department since 8/3/1999 and at the time of filing petition on 16/11/2011 he had put 13 years of service and was working as Senior Assistant.

(3.) There were non-selection posts of Legal Assistants in the Department. Recruitment/appointment to the said posts was governed by Himachal Pradesh Department of Irrigation and Public Heath Legal Assistants (Class-III Non-Gazetted) Recruitment and Promotion Rules, 1996 (Rules 1996), framed by respondents. According to those Rules, these posts were to be filled 100% by promotion failing which by deputation and failing both by direct recruitment.