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3(b). In order to implement the aforesaid judgments, on 08.09.2010, the respondent­department sent a memorandum to .

HPPSC (Himachal Pradesh Public Service Commission) for reviewing the minutes of the DPCs, which were held between 30.03.1996 to 28.03.2008. In the memorandum 23 posts, available for direct recruitment (1996 = 08 and 2006 = 15), which were earlier filled up by promotion of graduate and AMIE JEs, in relaxation of Rules, were also included. In sequel, the respondent­department, on the recommendations of Review DPC, issued two separate notifications dated 10.11.2010. In the meetings of review DPC held in HPPSC on 28th and 29th September, 2010, vacancies between the period 1995 to 2008, i.e., aforesaid 23 vacancies were excluded, solely in view of Government of India Instructions dated 26.03.1980 and the Review DPC could not increase the vacancies already intimated to the original DPCs. Later on, it was unearthed from a supplementary affidavit filed by respondent No.1 in a contempt petition that HPPSC did not agree to include the aforesaid 23 posts in the Review DPC. In the contempt petition, HPPSC was not made party, however, HPPSC showed its readiness to hold review DPC, as per the vacancies to be intimated by the State, so the contempt petition was disposed of by this Hon'ble High Court on 03.03.2011. Resultantly, the Review DPC convened thereafter made recommendations for the aforesaid 23 posts and in aftermath petitioners and others were promoted and placed in the tentative seniority list, which was issued on 01.03.2014 qua the period 01.01.1995 to 31.12.2012.

In this behalf, it is submitted that earlier after receipt of judgment dated 8.1.2010 in CWP No.1358/2008­ in case of S.S.Kutlehria V/S State of HP, a memorandum was sent to the HPPSC on file No.PBW­ (A)B(6)­5/2009­L on 8.9.2010 to review the minutes of the DPCs which were held between the period 30.3.96 to 28.3.08. In the said memorandum, 23 direct recruitment posts (year 1996­08 & 2006­15), which were earlier filled up by promotion from. Graduate & AMIE JES, were also included. The meeting of the review DPC was held in HP PSC on 28th & 29th September, 2010 against the vacancies between the period 1995 to 2008 but the review DPC did not take into account these 23 (08 posts of 1996 and 15 posts of 2006) posts on the grounds that the Govt. of India, Ministry of Home Affairs, DoP Memo No.22011/3/80­Estt (D) dated 26.3.1980, do not allow the review DPC to increase the vacancies already intimated to the original DPCS. (page­450­file No.PBW­(A)B(6)5/2009­L). But, Sh.Ashok Kumar Sharma, who was the petitioner in CWP(T) No.2605/2008, had filed COPC No.214 of 2010 and had raised the issue to fill up these 23 direct recruitment posts by way of promotion as have been done during the year 1996 and 2006. The reply to the COPC was filed on 3rd January, 2011 vide pages­450 to 455 on file No.PBW­A­E(1)­103/2001. In para­4 of the preliminary submission of reply to COPC, it was categorically submitted that this issue does not carry in the main petition of the petitioner and the subject matter exclusively different. These posts were neither included in the cadre of Graduate/AMIE AE nor .

15), which were earlier filled up by promotion from Graduate & AMIE JES, were also included. The meeting of the review DPC was held in HP PSC on 28th & 29th September, 2010 against the vacancies between the period 1995 to 2008 but the review DPC did not take into account these 23 (08 posts of 1996 and 15 posts of 2006) posts on the grounds that the Govt. of India, Ministry of Home Affairs, DoP Memo No.22011/3/80­Estt (D) dated 26.3.1980, do not allow the review DPC to increase the vacancies already intimated to the original DPCs. But, Sh.Ashok Kumar Sharma, who was the petitioner in CWP(T) No.2605/2008, had filed COPC No.214 of 2010 and had raised the issue to fill up these 23 direct recruitment posts by way of promotion as have been done during the year 1996 and 2006. The reply to the COPC was filed on 3rd January, 2011 and in para­4 of the preliminary submissions of reply to COPC, it was categorically submitted that this issue­does not carry in the main petition of the petitioner and the subject matter is exclusively different. These posts were neither included in the cadre of Graduate/AMIE AE nor placed at the cadre strength of this category in the year 1996 and 2006 respectively. These posts were filled up as a personal measure just to accommodate .