1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 7110 of 2008 Date of decision: 26.10.2010 Kanauru Ram ….. Petitioner. Vs. State of H.P. and Ors. …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : For the Respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. Advocate General and Mr. J.K. Verma, Dy. Advocate General, for respondents No.1 to 3. Mr. M.S. Guleria, Advocate, for respondent No.4. Justice Kurian Joseph, C.J. (Oral) The petition is filed with the following prayers:- (i) That the applicant may kindly be appointed and promoted as Fitter Grade-II against the vacancies in the Pay Scale of Rs.3120-110-3660-120-4260-140- 4400 from 11.10.1999. (ii) That the respondents No.4 to 11 be reverted to their original post of beldar/helpers. (iii) That the applicant be paid the pay scale of fitter Grade-II w.e.f. 11.10.1999. 2. In para-1 of the reply, it is stated as follows:- “The applicant does not fall within the zone of consideration under the recruitment and promotion Rules, which has been finalized by the Govt. vide notification dated 23.9.96, copy annexed as Annexure R-1. Hence, the present original application is liable to be dismissed in limine. As per the recruitment and 2 promotion rules, annexed R-1, only those work-charge Beldar and Helpers who are having 8 years of regular service as work-charge including 5 years of experience in the work of alignment, fitting/plumbering is entitled to be promoted as Fitter Gr.II against the prescribed quota of 20%. It is admitted fact that the applicant has been regularised by the Govt. on work charge post only w.e.f. 1.1.94 and has thereby only completed 5 years of service on the date of D.P.C. was convened i.e. on 4.01.1999, therefore, he was not fit to be promoted to the post of fitter Grade-II. Hence the application is premature. It is, however, submitted here that the respondents No.4 to 11 were working as work charged Beldar and Helper since 1985 onward and had completed more than 8 years of work charged service and fulfill the requirement under the Recruitment and Promotion rules. They were considered for promotion and promoted accordingly”. 3. In view of the stand taken in the reply as above and in view of the intervening developments, in case, the petitioner has still any grievance left, he may approach the 2nd respondent, in which case, the 2nd respondent will look into the matter and take appropriate action in accordance with law and justice within four months from the date of production of copy of this judgment alongwith copy of this writ petition by the petitioner. 4. The petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice (Justice Kuldip Singh), Judge October 26, 2010 (sks/grs) 3