1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. CWP(T) No. 9655 of 2008. Date of Decision: 8th December, 2010. Kushal Singh …..Petitioner. Versus State of HP and others …..Respondents. Coram: The Hon’ble Mr.Justice Sanjay Karol, Judge. Whether approved for reporting?1 No For the Petitioner: Mr. Rahul Mahajan, Advocate For the Respondents: Mr. R.M. Bisht, Dy. A.G. Sanjay Karol, J. (Oral). Petitioner was engaged as a Diesel Auto Mechanic which post was subsequently re-designated as Mechanic-cum-Fitter, Grade-1 w.e.f.1995. It is not disputed that the petitioner was senior most as per the seniority list prepared by the respondents but however before petitioner could be promoted to the post of Foreman Grade-1 (Mechanical) respondents framed rules known as Recruitment and Promotion Rules for the post of work charged Foreman Grade-1 (Mechanical) in the Department of Public Works Himachal Pradesh (hereinafter referred as to the Rules). Now as per these Rules respondents have to fill up the post by applying 10 point roster. 2. Post of Mechanic-cum Fitter Grade-1 (Mechanical) undoubtedly is one of the feeder category and the roster point for the same is 10th post. Consequently no fault can be found with the action of the respondents in not promoting the petitioner to the post of 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 Foreman Grade-1 (Mechanical). It is not the case of the petitioner that roster point has not been correctly applied by the respondent. There is no challenge to the Rules either. 3. In the reply the respondents have clarified that as and when roster point of Mechanic-cum- Fitter Grade-1 would fall vacant and within the zone of consideration, applicant’s case shall be considered for promotion. 4. Consequently, no further and other orders are required to be passed except that the respondent shall adhere to the undertaking given to this court, as stated in the reply. 5. With these observations present petition is dismissed. ( Sanjay Karol) Judge December 8, 2010 (Jai)