IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 4947 of 2008. Decided on: 26.07.2010. __________________________________________________________ Balbir Singh Kaushal. … Petitioner. Versus State of Himachal Pradesh and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 Yes. For the petitioner. : Mr. Dilip Sharma, Advocate. For the Respondents. : Mr. R.P. Singh, Assistant Advocate General for respondent No.1. Rajiv Sharma, J. (Oral): The petitioner was considered suitable by the Departmental Promotion Committee to discharge the duties of Executive Engineer on ad hoc basis with effect from 22nd October, 1988. He worked in this capacity upto 1997. In the meantime Departmental Promotion Committee met on 27th August, 1997 and the petitioner was found suitable by the Departmental Promotion Committee for promotion to the said post on regular basis only with effect from 31.12.1994. 2. The case of the petitioner, in a nut shell, is that the A.C.Rs. of the post of Assistant Engineer have been seen by the Department Promotional Committee which met on 27th August, 1997 instead of the higher post of Executive Engineer with effect from 1988 till 1997. Mr. Dilip Sharma, has placed reliance on Shiv Kumar Sharma and another 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. - 2 - versus Union of India and others, (1997) 11 SCC 112 whereby their Lordships have approved the formula worked out by the Full Bench of the Central Administrative Tribunal referred in the judgment. 2. Accordingly, the petition is disposed of with a direction to respondent No.1 to consider the case of the petitioner for promotion to the post of Executive Engineer strictly as per law laid down by their Lordships of the Hon’ble Supreme Court in Shiv Kumar Sharma and another versus Union of India and others, (1997) 11 SCC 112 after considering his A.C.Rs. of the higher post with effect from 22nd October, 1988 till 1997. The needful be done within a period of ten weeks from today. If he is found suitable for promotion to the post in question from 1988, he shall be held entitled to all the consequential benefits. There will be no order as to costs. (Rajiv Sharma), J. July 26, 2010. (sck).