CWP No. 137 of 2004. 21.7.2009 Present: Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. A.G. and Mr. J.K. Verma, Dy.A.G. for the petitioners. Mr. Ashwani Kumar Sharma, Advocate for the respondent. The State has filed this petition against the judgment rendered by the learned H.P. Administrative Tribunal in OA No. (D) 318/98 dated 28.2.2003. Brief facts necessary for the adjudication of this petition are that the respondent was promoted to the post of Joint Controller (Finance & Accounts) on 20.6.1997. He has foregone promotion temporarily on health ground. According to him, he was to be reconsidered for promotion after six months. He made representation on 3.3.1998. He was informed that his case will be reconsidered after one year. The core issue involved before the learned Tribunal was whether the instructions issued by the State Government dated 20.11.1983 shall prevail or the instructions issued by the Central Government dated 1.10.1981 shall prevail. As far as notification dated 20.11.1983 issued by the State is concerned, the person becomes eligible after six months for promotion, however, as per instructions issued by the Central Government, embargo of one year has been imposed for reconsideration for promotion after refusal. The learned Tribunal had come to the right conclusion that the instructions issued by the State Government which were later in time would prevail over the instructions issued by the Central Government. However, the learned Tribunal has erred by directing the promotion of the respondent from the date of his refusal with all consequential benefits. The learned Tribunal could only direct to consider the case of the respondent after the expiry of six months from the date of refusal. Consequently, in view of the observations made hereinabove, the writ petition is partly allowed. The order of the learned Tribunal is modified only to the extent that the petitioner- State shall consider the case of the respondent for promotion after six months of his refusal, of course, with all consequential benefits. No costs. (Jagdish Bhalla), C.J. (Rajiv Sharma), J. July 21, 2009. (cr)