ABHINANDAN KALIAN Vs. STATE OF H.P.

JUDGEMENT

(1.) Precisely, the question, which needs to be determined in the case at and is "whether inter-se seniority between direct recruits and promotees shall be determined on the basis of the appointment or the date of initiation of recruitment process".

(2.) Precisely, the facts of the case as emerge from the pleadings adduced on record by the respective parties are that in the year 2014, a requisition for filling up of 9 posts of Principal (ITI) was sent to Himachal Pradesh Public Service Commission (in short "Commission"), but subsequently, in the year 2015, afore requisition was revised by including 33 posts of Principal (ITI). Commission by clubbing all these posts advertised 42 posts of Principal (ITI) Recommendation of Commission for these posts was received in the year 2016 and after completion of codal formalities, appointments were offered to 39 incumbents on 3/6/2016 including the petitioners.

(3.) Simultaneously, proposal to fill up the vacant posts of Principal (ITI) by way of promotion from the feeder category i.e. Group Instructor (ITI) was sent to the Commission for holding the meeting of Departmental Promotion Committee and to recommend suitable officials for the post of P incipal ITI as per provisions of the Recruitment & Promotion R les of the post in question.