IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) 13730 of 2008. Decided on: May 12, 2011. Karam Chand …Petitioner. Versus State of H.P. & others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the petitioner Mr. Sanjeev Bhushan, Advocate. For the respondents Mr. R.P.Singh, Asstt. A.G. Surjit Singh, Judge (oral) Heard and gone through the record. 2. Petitioner was appointed as Work Charge Mason in the Public Works Department, in the year 1979. The Recruitment and Promotion Rules, then prevalent, provided for promotion of Work Charge Mason to the post of Work Mistry. The post of Work Mistry was abolished, in the year 1986 and the person holding that post was re-designated as Road Inspector. Petitioner’s grievance is that after the abolition of the post of Work Mistry, Work Charge Mason should have been provided a promotional avenue, by making necessary changes in the rules and the post, to which they could be promoted, should have been the post of Work Mistry, which had been re-designated as Road Whet her report ers of t he l ocal papers may be al l owed t o see t he j udgment ? - 2 - Inspector. In other words, petitioner’s claim is that Work Charge Mason should be considered for promotion to the post of Road Inspector. 3. In reply, it is stated by the respondents that of course petitioner was appointed as Work Charge Mason as alleged, and at the relevant time, there was a provision in the rules for promotion of Work Charge Masons to the post of Work Charge Mistry and that that post has been abolished, but they say that a change has taken place in the rules, by which masons have been bifurcated into two cadres, one comprising of masons Grade II and Grade III and the other of Masons Grade I and the petitioner, who after bifurcation, became Mason Grade II, has now been promoted as Mason, Grade I, with effect from 1.1.1996. Copies of the rules have been placed on record, which are Annexures R-5 and R-6. Masons Grade II are in the pay scales of 950-1800, as per rules, copy Annexure P-5. Masons Grade I are in the pay scales of Rs.1200-2130, per Rules Annexure R-6. Appointment to the post of Mason Grade I is by way of promotion, based on seniority, from the cadre of Masons Grades II and III. That means, masons Grade II have been provided promotional avenue by being promoted to the post of Mason Grade I. This promotional avenue appears to have been provided on account of abolition of post of Work Mistry, to which Work Charge Mason used to be promoted earlier. Not only this, in the case of petitioner, he has already been promoted to the - 3 - higher post of Mason Grade I, after coming into force of new rules. 4. Consequently, writ petition is dismissed. May 12, 2011 (PC) ( Surjit Singh ), J.