17.3.2009 Present: Ms. Nidhi Sharma, vice counsel for the petitioners. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. Vivek Thakur, Addl. A. G. & Mr. Anil Jaswal, Dy. A. G. for respondent No.1. Mr. L. N. Sharma, Advocate, for respondent No.2. CWP(T) No.3765/2008 (OA No.1366/96) In the present petition, the petitioner has prayed for the following relief:- “(i) That the respondent No.1 may kindly be restrained form giving promotion to respondent No.2 to the post of Editor in the pay scale of Rs.2200-4000. (ii) That the DPC held on 13.9.96 for the post of Editor may very kindly be quashed and set aside and the same may be convened afresh by considering the applicants also. (iii) That the entire record pertaining to the case of the applicants may very kindly be requisitioned for the kind perusal of this Hon’ble Tribunal.” It is a matter of record that for fillng-up of the post of Editor, the State of Himachal Pradesh has formulated the Recruitment and Promotion Rules for the post of Editor in the department of Language and Culture Himachal Pradesh. These Rules are known as “The H.P. Language, Arts and Culture Department Editor (Gazetted, Class-II) Recruitment and Promotion Rules, 1996”. Rule 11 stipulates as under:- “11. In case of recruitment by promotion, deputation/ transfer, grade : BY promotion from amongst the Language Officers/Research Assistants/Language Organisor working in the scale of Rs.1800- 3200 with atleast 5 years continuous regular service of regular service combined with adhoc from which promotion/ deputation/ transfer is to be made. service (rendered upto 31.3.91). If any and three years experience of editing any reputed literary magazine brought out by the Govt. or voluntary organization or having an experience of editing daily news paper. For the purpose of promotion, a combined seniority list of all the eligible officers will be drawn on the basis of length of service without disturbing their category-wise inter-se-seniority).” Record reveals that vide Notification dated 25.8.1986 (Annexure R1-G), both petitioner No.1 Shri Balak Ram Jaswal and petitioner No.2 Shri Dhian Singh Bhagta were promoted as Senior Research Assistant in the pay scale of Rs.825-1580 w.e.f. 28.6.1986. The petitioners accepted the said promotion and as such could not have been considered for promotion to the post of Editor as they no longer continued to be in the feeder cadre. The post of Editor could have been filled up only in accordance with the R&P Rules existing as on the date of consideration of filling up of the said post. In the present writ petition, there is no challenge to the R&P Rules. Nothing has been shown as to how the legitimate legal right of the petitioners stand violated . The petitioners were not eligible to have been considered for promotion to the post of Editor. The present petition being devoid of merit is dismissed. No other point urged. ( Sanjay Karol ), Judge. March 17, 2009 (rana)