CWP(T) No.3127/2008. 26.2.2009. Present: None for the petitioner. Mr. Vivek Thakur, Addl. Advocate General for the respondents. In spite of pass over none has appeared on behalf of the petitioner. The creation of cadre is solely the prerogative of the State. In the present case pursuant to the settlement dated 23rd /27th July, 1989 the option was sought for from the employees of Nahan Foundry for opting the pay scales applicable to the employees of the Himachal Pradesh. The State, taking in totality the facts and circumstances, arrived at a decision that the employees of Nahan Foundry would form a separate cadre and hence it was so decided that the separate cadre of H.P.PWD and I&P.H Workshop, Nahan Foundry, Nahan be created. The amendments in the rules have also been effected. In this view of the matter, no fault can be found with the orders passed by the State. There is nothing arbitrary or whimsical about the same. The petition is dismissed. (Sanjay Karol),J. February 26, 2009(R)