RAM SARUP KALIA Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is directed against the order of the learned Himachal Pradesh State Administrative Tribunal (hereinafter referred to as the Tribunal) dated November 10, 2003, whereby the Original Application filed by the present Petitioners challenging the Recruitment and Promotion Rules for the post of Assistant Engineer (Civil), has been rejected.

(2.) Briefly stated, the facts relevant for the decision of the present petition are that the State of Himachal Pradesh had promulgated the Rules known as the Himachal Pradesh Public Works Department Assistant Engineer (Civil) (Class-1 Gazetted) Recruitment and Promotion Rules, 1995 (hereinafter referred to as the 1995 Rules.). These Rules were later on replaced by the similarly titled Recruitment and Promotion Rules of 2002 (hereinafter referred to as the 2002 Rules). Finally during the pendency of the present petition the State of Himachal Pradesh has amended the Rules of 2002 vide notification dated 16th March, 2004 and these amended Rules are hereinafter referred to as the 2004 Rules.

(3.) All the three Rules provide that 30% recruitment to the post of Assistant Engineer (Civil) shall be by means of direct recruitment and 70% by means of promotion from amongst Junior Engineers (Civil) and Draughtsman Cadre. The main dispute raised in the present petition is with regard to the replacement of the word 'vacancies' by the word 'posts' in column 10 of the rules. Column 11 provides for the quota/percentage according to which recruitment by promotion from amongst various categories of Junior Engineers has to be made. Both columns of the said Rules i.e. Rule of 1995, Rule of 2002 and Rule of 2004 are reproduced hereinbelow: <FRM>JUDGEMENT_153_TLHPH0_2005.html</FRM>