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6. Though no steps, if any, were taken by the respondents to consider the case of the petitioner in light of of judgments detailed in the order passed by erstwhile Himachal Pradesh Administrative Tribunal, but vide notification dated 04.12.2018 issued under the signatures of Deputy Secretary (I&PH) to the Government of Himachal Pradesh, it came to be conveyed that Government has decided to consider all such incumbents for promotion, who were admitted in the academic session of 2007-08 or prior to that period and had acquired Diploma as required under the Recruitment & Promotion Rules for the post of Junior Engineer (Civil) from Institute Advance Studies in Education (IASE) Gandhi Vidhya Mandir Sardarshehar, Rajathan for which IASE was recognized by the Government of Himachal Pradesh. Vide afore notification, .

IASE was recognized for the academic session 2007-08 and for sessions prior to that period. It is also not in dispute that petitioner had taken admission in Diploma course in Civil trade during the academic session of 2007-08 that too with the prior permission of the of respondent-department. Vide communication dated 04.12.2018 (Annexure P-6), department itself clarified that after having examined rt the matter in consultation with the law department, it has decided to consider all such incumbents for promotion, who were admitted in the academic session of 2007-08 or prior to that period and had acquired Diploma as required under the Recruitment & Promotion Rules for the post of Junior Engineer (Civil) from Institute Advance Studies in Education (IASE) Gandhi Vidhya Mandir Sardarshehar, Rajathan for which IASE was recognized, meaning thereby, department was fully convinced at the time of issuance of aforesaid notification that Diploma awarded by the institute concerned to the candidates admitted in academic session of 2007-08 or prior to afore period, was fully recognized for awarding Diploma in Civil trade. Incumbents, who were admitted after the year 2007-08, could not be considered for promotion for the reason that after 2007-08 there was some dispute with regard to recognition of the institute. It is an admitted fact that the respondents, after considering the Diploma of the petitioner to be valid in terms of Recruitment & Promotion Rules, granted him promotion to .

the recognized University/College. Petitioner herein though repeatedly informed the respondents that he had passed diploma from recognized institute, but yet for want of clarifications, matter with regard to his promotion to the post of Junior Engineer remained of pending with the department for more than six years. In the year 2018, respondents, while deciding to consider all such incumbents for rt promotion, who were admitted in the academic session of 2007-08 or prior to that period and had acquired Diploma as required under the Recruitment & Promotion Rules, for the post of Junior Engineer (Civil) from IASE, further clarified that for afore period IASE was recognized.

Once respondents granted promotion to the petitioner in the year 2019 to the post of Junior Engineer, considering his diploma done from IASE, they are estopped from rejecting the claim of the petitioner for promotion to the post of Junior Engineer w.e.f 2013 on the ground that Diploma done by the petitioner from IASE was not recognized. No material worth credence has been placed on record by the respondents to suggest that prior to the issuance of communication dated 04.12.2018 (Annexure P-6), some complaint or other material was available with them suggestive of the fact that IASE was not a recognized Institute for awarding Diploma in Civil Engineering. If it is so, petitioner, who admittedly had become eligible for promotion to the post of Junior Engineer (Civil) in terms of Recruitment & Promotion .