Himachal Pradesh High Court
Aman Anand And Others vs State Of H.P And Another on 6 December, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 6500 of 2022
.
Decided on: 6th December, 2022
Aman Anand and others .......Petitioners
Versus
State of H.P and another ...Respondents
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1 No.
For the petitioners: Mr. Dalip K. Sharma, Advocate.
For the respondents: Mr. Rajinder Dogra, Sr. Addl. A.G
with Mr. Vinod Thakur, Addl. A.G
and Mr. Bhupinder Thakur, Dy.
A.G.
Tarlok Singh Chauhan, Judge. (Oral)
The instant petition has been filed for the grant of following substantive reliefs:-
"a) That the writ of mandamus may kindly be issued directing the respondent to finalizes the common Recruitment and Promotion Rules for promotion to the post of Head of the department of all the streams/ different Branches of Engineering in Polytechnic in the department of technical education in pursuant to Annexure P-9.1
Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 07/12/2022 20:32:46 :::CIS 2b) That Writ of Mandamus may kindly be issued directing the respondents to promote the petitioners to the post of .
head of department (Electrical Engineering) from due date on which other different streams/branches ODA Engineering have been ordered to be promoted with all consequential benefits.
c) That the respondent may further be restrained from promoting any person to the post of Head of Department in all other different streams/branches of Engineering in Polytechnic during the pendency of writ petition and any promotion done during the pendency of present writ petition may kindly be declared as null and void.
d) That the eligibility criteria as mentioned in the Recruitment and Promotion Rules Annexure P-4 Electrical Engineering with respect to eligibility criteria as mentioned Clause (11) may kindly ordered as non- operatives with respect to length of service as Senior Lecture as it was in other streams/branches."
2. The respondents have placed on record instructions, the relevant portion whereof reads as under:-
"In this connection, the persual of the Civil Writ Petition depicts that one of the main relief amongst other prayed by the Petitioners is to finalise the common Recruitment and Promotion Rules for promotion to the post of Head of the Department of all the streams/different Branches of Engineering in Polytechnic in the department of Technical Education. In this connection, it is submitted that the ::: Downloaded on - 07/12/2022 20:32:46 :::CIS 3 matter of finalization of the R& P Rules of Head of Department ( Engineering and Non-Engineering in .
Polytechnics), wherein it has proposed that" By promotion from the Sr. Lecturer of the concerned discipline who possess 05 years regular service in the grade and have atleast 10 years teaching experience as Sr. Lecturer and Lecturer/Workshop Superintendent" is under active consideration with the Government and the Government vide letter dated 16/11/20 has informed that the matter has been submitted to the Department Personnel. After approval of the Department of Personnel, the proposal will be submitted to the other advisory Departments i.e. Finance Department, Law Department and Himachal Pradesh Public Service Commission.
It is, therefore, in the light of the aforesaid facts and submission it is submitted that the matter of finalization of the R & P Rules is under active consideration with the Goverenment and further action realated to drafting of reply shall be taken after finalization of the R & P Rules."
3. Now that the matter for finalization of the Recruitment and Promotion Rules is under active consideration of the Government, we deem it appropriate to dispose of this petition by directing the respondents to notify the Recruitment and Promotion Rules by 31st March, 2023. Needless to say that the promotions, if any, made w.e.f. September, 2022 till the ::: Downloaded on - 07/12/2022 20:32:46 :::CIS 4 finalization of the Rules, shall be subject to any petition that .
may be filed in this regard.
4. Pending applications, if any, also stand disposed of.
( Tarlok Singh Chauhan )
Judge
December 06, 2022 ( Virender Singh )
(naveen) Judge
::: Downloaded on - 07/12/2022 20:32:46 :::CIS