IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P.(T) No. 4132 of 2008. Decided on: 6th August, 2010. _____________________________________________________ Brij Bihari Lal. …Petitioner. -Versus- State of H.P. and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. K.C. Sankhyan, Advocate vice Mr. T.C. Sharma. For the respondents : Mr. R.K. Sharma, Senior Additional Advocate General with Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge(Oral): Petitioner was promoted as Block Primary Education Officer vide office order dated 26th December, 1992. The promotion was subject to the following condition: “1. This promotion will be treated as adhoc till the Recruitment & Promotion Rules of the post of Block Primary Education Officers are not notified.” 2. The option exercised by the petitioner vide Annexure A-2, dated 15.01.1993 has not been considered as per the contents of the reply, only on the ground that the petitioner has not been regularized. On 8th March, 2010, the respondent-State was directed to apprise the Court whether the Recruitment and 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. Promotion Rules for the post of Block Primary Education Officer have been framed or not. Mr. P.M. Negi, learned Deputy Advocate General informs the Court that now the Recruitment and Promotion Rules have been framed for the post of Block Primary Education Officer and have duly notified. 3. Consequently, since the Recruitment and Promotion Rules have been framed under Article 309 of the Constitution of India, the petition is disposed of with a direction to the respondents to consider the case of the petitioner for regular promotion from the date he was considered for ad hoc promotion and to put him in appropriate pay scale as per the option exercised by him vide Annexure A-2, dated 15.01.1993, within a period of three months from the date of production of a certified copy of this judgment. No costs. (Rajiv Sharma) Judge August 06, 2010. (bhupender)