IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.3003 of 2009 . Decided on: March 9, 2010 Ramesh Chand Sharma and another ….. Petitioners. Versus Union of India and others …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the petitioners : Mr. Jitender P.Ranote, Advocate. For the Respondents: Mr. Anup Rattan, Central Government Counsel, for respondent No.1 Mrs. Devyani Sharma, Advocate, for respondents No. 3 and 4. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioners approached this Court with the grievance that they had no chances of any promotion despite their long tenure in the respondent Bank for about two decades. According to the Bank, as per the amended Regulations, a competitive test was conducted for the appointment to the post of OJM Grade-I, which is a first promotional avenue from Clerk to Officer. It is submitted that the petitioners participated but failed to clear the test. Be that as it may, the main contention of the petitioners is that since they joined the Bank in 1981, 2 they are entitled to be considered for promotion in the seniority channel without any screening as to the merit by way of written test. We are informed that the very same issue was considered by this Court leading judgment in CWP No. 1233 of 2001, wherein it has been held that in respect of the vacancies which existed prior to introduction of the amended Rules, the promotion should be based only on seniority and as far as vacancies arising after the introduction of the amended Rules, the same would be governed by the amended Rules, by screening test. Therefore, this Writ Petition is disposed of making it clear that in case there existed any vacancy prior to the introduction of the amended Rules, the claim of the petitioners would be considered in accordance with the law and the Rules for promotion as prevailed prior to the introduction of the amended Rules. With the above observation, the Writ Petition is disposed of, so also the pending applications. (Justice Kurian Joseph), Chief Justice March 9, 2010. (Justice R.B. Misra), (rks) Judge.