CWP(T) No.9089/2008 23.05.2011 Present: Mr. Ranjan Sharma, Advocate, for the petitioner. Mr. Bhupinder Thakur, Advocate, for respondents No.1 to 3 Petitioner has prayed mainly for the following reliefs:- “a. That the respondents No. 1 to 3 be directed to promote the applicant as Forest Guard with effect from the date his juniors respondents No. 4 to 8 were promoted as Forest Guards by vide impugned order (sic.) by quashing the impugned order No.450/2000- 2001 dated 18-3-2001 Endst. No.SFC/Estt.-114/36522-548 dated 20-3- 2001 with all consequential benefits.” 2. My attention has also been invited to the judgment rendered by the erstwhile Himachal Pradesh Administrative Tribunal in O.A. No. 25/1990, titled as Suresh Kumar & Ors. vs. HPSFC & Ors., decided on 16.8.1995, copy of which is taken on record, wherein also in similar circumstances similar directions were issued and which have attained finality. 3. Undisputedly persons junior to the petitioner were promoted as Forest Guards vide office order dated 20th March, 2001 (Annexure A-2). Petitioner was denied promotion on the ground that he did not fulfill the criteria with regard to the physical standard as laid down under the relevant Recruitment and Promotion Rules (Annexure A-5). Bare perusal of Annexure A-5 would show that column No.6 which laid down the minimum physical qualification/standard pertains only for direct recruitment and not promotion. Atleast 80% of the posts in question were to be filled-up by promotion. It is not otherwise in dispute that petitioner fulfilled the eligibility criteria laid down under the Rules. Consequently the action of the respondents in rejecting the petitioner’s case for promotion is untenable in law. Petitioner, who otherwise was fully eligible ought to have been promoted along with the persons who were junior to him. Consequently, there shall be a direction to the respondents to consider the petitioner’s case for promotion with effect from the date when persons junior to him were promoted in terms of Annexure A-2. All consequential actions, including disbursement of monetary benefits, if any, shall positively be taken within a period of four months from the date of receipt of the certified copy of the order. It is clarified that if amounts due and admissible, if any, are not disbursed within the aforesaid period, then thereafter, petitioner shall be entitled to interest @9% per annum. 4. With the aforesaid observations, present petition stands disposed of. May 23, 2011 ( Sanjay Karol ), (rana) Judge.