SURJEET SINGH KATOCH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in these petitions, the same were heard together and are being disposed of by a common judgment. However, for the sake of clarity, the facts of each petition are being discussed hereinafter in the same seriatum in which the petitions were filed before the erstwhile Himachal Pradesh Administrative Tribunal. CWP (T) No. 2041/2008:

(2.) THE petitioners were working as Junior Engineers in the Himachal Pradesh Public Works Department. They have assailed the issuance of notification dated 25.4.1992 whereby the earlier notification dated 5.7.1989 has been withdrawn. The precise case of the petitioners in this petition is that since they have passed the departmental examination as per the Departmental Examination Rules, 1976, they alone were to be considered for promotion to the next higher post of Assistant Engineers which had fallen vacant between 5.6.1989 to 24.4.1992. The learned Tribunal granted the interim relief to the petitioners on 3.6.1992 whereby the above notification dated 25.4.1992 was stayed. Order dated 3.6.1992 reads thus: Admit.

(3.) IN this petition the vires of notification dated 25.4.1992 has been challenged by the petitioner who is working as Junior Engineer (Mechanical). He has qualified the departmental examination as per the Departmental Examination Rules, 1976.