G.C.DHIMAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, who was at the relevant time serving as Lecturer (Physics), Government College, Dharamsala, has filed this writ petition for obtaining an appropriate writ quashing the notification dated 7th June 1966 issued by the Secretary (Education) to the Himachal Pradesh Administration by which the Lieutenant Governor has, on the recommendation of the Departmental Promotion Committee, promoted the respondents Nos. 5 to 15 to the post of senior Lecturers in the scale of Rs. 250 -25 -550/25 -700. The claim of the petitioner is that the Departmental Promotion Committee has erred in adopting a particular procedure for the selection of the Lecturers to the higher post of Senior Lecturers. In the main, the contention of the petitioner is that according to the instructions issued by the Government for promotion to the post of Senior Lecturers the department was bound to settle the select lists of the officers for the prior years, namely, 1963 -1964 and 1965, but has failed in doing so, and has made this selection in the year 1966 when, for the first time, the Select List was prepared by the Departmental Promotion Committee. The petitioner has further contended that in the years 1963 -1954 and 1965 no pro notion to the post of Senior Lecturer was made with the result that the vacancies were allowed to be accumulated and ultimately when the selection was made in the year 1965 by the impugned order which is found at Annexure -D, the case of the petitioner was not considered on any rational principles.

(2.) Short facts of the case forming the background of this petition can be stated as under.

(3.) The petitioner was appointed as a Lecturer in Physics on Class III Non -gazetted post on 15th September, 1958. Ha was confirmed as Junior Lecturer on 15 -9 -1960, and was shown at Serial No. 53 in the joint Seniority list. It appears that on 13th December 1961 recruitment rules for the various posts of Education Department of the Himachal Pradesh Administration were framed, as found at Annexure -A. Annexure -A shows that recruitment to the post of Senior Lecturer was to be made by promotion of Junior Lecturers with five years service in the grade. Method of recruitment was 75 per cent by promotion and 25 per cent by direct recruitment. The post was required to be filled by selection.