ROSHAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioners herein have prayed for the following relief: (i) That the impugned order dated 18.1.2002, Annexure A -6, may be quashed and set aside qua the applicants and they may be allowed to continue in their present cadre i.e. HPPWD 4th Circle, Shimla -3. (ii) Record of the case may also be called for the perusal of this, Hon 'ble Tribunal. (iii) Any other relief deemed proper in the circumstances may also be granted. (iv) Costs of the application may also be awarded.

(2.) ANNEXURE A -6 is the office order dated 18.1.2002 transferring the petitioners from Shimla Division No. Ill, of the H.P. Public Works Department to other Divisions of the same Department, in and outside Shimla.

(3.) THE State of Himachal Pradesh framed "Recruitment and Promotion Rules for the post of Receptionist Work Charged brought in regular cadre in the department of Public Works Himachal Pradesh" (hereinafter referred to as 'the Rules '). In terms of Rule 3(a), Receptionists are in Circle cadre. However, Rule 17 specifically empowers the State to relax any of the provisions of the Rules with respect to any class or category of persons or post.