RAM SARAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs: "i) That the impugned order dtd. 28/2/2022 contained in Annexure P7 may kindly be quashed and setaside and respondents may kindly be directed to promote the petitioner against the post of Research Officer from the due date i.e. year 2015 with all consequential benefits.

(2.) The case of the petitioner is that he was appointed as a Clerk in the respondentDepartment on 5/2/2000. Thereafter, he was promoted against the post Senior Assistant on 6/8/2010. The post of Senior Assistant is the feeder category post for promotion to the post of Research Officer. In terms of the Recruitment and Promotion Rules of the post of Research Officer appended with the petition as Annexure P1, the post of Research Officer is a ClassIII Gazetted selection post, which is to be filled in 100% by way of promotion, failing which by direct recruitment. By promotion, the same is to be filled in from amongst Technical Assistants of the Tribal Department having three years regular or adhoc service or both in the Grade of Statistical Assistants and Assistants having five year regular or adhoc service or both in the Grade, who have done their graduation from a recognized university with Economics/ Mathematics and Commerce as one of the subjects. Though in terms of the Recruitment and Promotion Rules appended with the petition, the number of posts of Research Officer mentioned therein is one, but the Court stands apprised that subsequently the number of the posts was increased to three.

(3.) The contention of the petitioner is that he belongs to a Scheduled Caste Category. Because the cadre strength of the post of Research Officer is less than thirteen, therefore, the promotions were to be effected by applying the 13 Point Model Roster, introduced by the respondentState vide notification dtd. 20/8/1988 and the 4 th replacement point therein which falls to the share of Scheduled Caste category has erroneously filled in by promoting one Shri Jagdish Thakur. who belongs to the Unreserved Category and as a result thereof, grave injustice has been caused to the petitioner, as upon gaining eligibility for promotion to the post of Research Officer, till date, his candidature is being ignored on the ground that there is no vacancy as of now available to be filed in from amongst Scheduled Caste Category candidates.