IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP 1302 of 2005. Date of decision March 18, 2010. Sh. Sanjiv Kumar Kapoor & others …Petitioners. Versus State of Himachal Pradesh & another…Respondents. Coram: The Hon’ble Mr. Justice Dev Darshan Sud, J. The Hon’ble Mr. Justice Kuldip Singh, J. Whether approved for reporting?1 Yes. For the petitioner Mr. Onkar Jairath, Advocate. For the respondents Mr. P.K.Sharma, Addl. AG, with Ms. Ruma Kaushik, Addl. AG. Dev Darshan Sud, J. (Oral). The petitioners are aggrieved by the judgment of the Administrative Tribunal dismissing their case wherein they had claimed promotions on the basis of the Recruitment and Promotion Rules of 1984, which admittedly were amended in 1997. It is undisputed before us that by Notification No. PBW-2B(13)-20/84, dated 27th April, 1994, the Public Works Department and Irrigation & Public Health Department were bifurcated. The Notification reads: 1 Whether Reporters of Local Papers are allowed to see the judgment? Yes. - 2 - “ Government of Himachal Pradesh, Public Works Department. …. No. PBW-2B(13)-20/84, Dated Shimla-2, the 27th April, 1994, NOTIFICATION The Governor of Himachal Pradesh is pleased to issue the following order concerning bifurcation of Public Works Department and Irrigation and Public Health Department as under: 1. On 27th April, 1994, those officers/officials who are posted in Public Works Department and Irrigation and Public Health Department, they are allocated to the Public Works Department and Irrigation and Public Health Department on “as is where is” basis. 2. The Architecture and Electrical Wings will remain in Public Works Department. The division of Design and Mechanical Wings will be fifty- fifty in both the Departments. In case of any difficulty after this bifurcation, the matter will be placed before the Government. 3. The Recruitment and Promotion Rules in the Public Works Department as on 1.10.1984 will be applicable in the Irrigation & Public Health Department and in future their amendment as per necessity will be made by both the Departments themselves. - 3 - By order. Financial Commissioner- cum-Secretary (Public Works) to the Govt. of Himachal Pradesh.” Clause 3 of this notification is specific and unambiguous and states that the Recruitment and Promotion Rules in the Public Works Department as on 1.10.1984 will be applicable in the Irrigation & Public Health Department till amended. The petitioners are working in the Irrigation & Public Health. It is also undisputed that amendment in the Recruitment & Promotion Rules of the Irrigation & Public Health Department was made by Notification No. PBW-3-C-A(3)2/94, dated 20th March, 1997. The commencement of the Rules has been provided for in Clause 1(ii) of the Notification which reads “These rules shall come into force from the date of publication in Rajpatra, Himachal Pradesh.” The petitioners are aggrieved by the fact that vacancies which occurred prior to the notification of the amended Rules of their department which was admittedly in the year 1997, have been filled in by resort to the Rules of 1995 of the bifurcated Public Works Department which could not govern their conditions of service. Submission made was that the Rules of 1984 would continue to govern their - 4 - conditions of service. We find that this submission is well founded. There is no justification for the Tribunal to hold that the Recruitment and Promotion Rules were amended in 1995. This is against the facts on record of the case. Once the Irrigation & Public Health Department was bifurcated and was to be governed by the Rules of 1984, as provided for in the notification of 27th April, 1994 (supra), the vacancies occurring prior to 1997, that is before the amendment in the Rules of the Irrigation & Public Health Department, had to be filled up according to the 1984 Rules. The Supreme Court in Arjun Singh Rathore and others v. B.N.Chaturvedi and others, 2007(11) SCC 605, reiterates this legal position. From the pleadings before the Tribunal, we find that the petitioners therein had claimed benefit of 1984 Rules which has been denied to them. The judgment of the Tribunal is, therefore, not in concord with the established law. We quash and set aside the judgment of the Tribunal and hold that all vacancies in the Irrigation & Public Health Department occurring before the amendment in the Rules of 1997 shall be governed by the Rules of 1984. The respondents shall consider the case of the petitioners in consonance with the directions issued herein, that is to say in case - 5 - the vacancies claimed by the petitioners are prior to 1997, they shall be filled up according to the Rules of 1984. The writ petition is accordingly disposed of. There shall be no order as to costs. Pending application(s) shall stand disposed of. (Dev Darshan Sud), J. March 18, 2010(PC). (Kuldip Singh), J.