TARA CHAND GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has filed the present writ petiton seeking a direction that the petitioner be considered for promotion to the post of Head Constable (Mechanic) from the initial date of appointment or from any subsequent suitable date keeping in view the petiioner's length of service and experience, with all consequential benefits. He has further assailed the decision of the respondents in terms of its memorandum dated 16th July, 2001, whereby the petitioner's representation has been rejected.

(2.) THE petitioner was working as Mechanic-cum-Fitter in the Workshop of H.P. Public Works Department under the Assistant Engineer, Mechanical Sub Division, Tara Devi, Shimla, w.e.f. 25th October, 1972. Whether reporters of Local Papers may be allowed to see the judgment? Some time in mid 1973, the petitioner is stated to have been contacted by the senior officer of the respondents, who represented that a lone post of Head Constable (Mechanic) has been lying vacant at the Battalion Head Quarter under the respondents at Kumarsain, District Shimla since long. Due to the said vacancy, the department was facing problem in getting the vehicles repaired. He was asked to join the same and was offered higher pay and bright future prospects.

(3.) IN the reply filed by the respondents, the fact that the on 11th June, petitioner was appointed as MT Constable (Mechanic) 1973, is not disputed. It is further stated that since the petitioner did not fulfil the qualification prescribed for recruitment, he could not have been considered for appointment/promotion. It is admitted that the matter with regard to amendment of Rules was under consideration. The respondents have been repeatedly informing the petitioner with regard to the factum of his non consideration due to his ineligibility. It is further stated that the petitioner has been promoted to the rank of Lance Naik Driver and Naik Driver in his own turn.