IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 12875 of 2008 Decided on : 02.09.2011 ________________________________________________ Capt. Randhir Singh Salhuria … Petitioner Versus State of Himachal Pradesh and another … Respondents. ___________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting? 1 No. For the petitioner : Mr. V.S. Chauhan, Advocate. For the respondents : Mr. P.K. Sharma, Addl. A.G., with Mr. Anil Jaswal, Dy. A.G. _____________________________________________________ V.K. Sharma, Judge (oral). The petition has been filed on the following prayers vide para 7 - 1 to 3:- “1. That this Hon’ble Court may kindly direct the Respondents to suitably amend Rule 6 & 10 of the Recruitment & Promotion Rules, Annexure A-10, to the post of Director in the Directorate of Mountaineering & Allied Sports, Manali, and provide that the recruitment to the post of Director be made by promotion failing which by other modes. 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 2. That the provision for recruitment to the post of Director in the Directorate of Mountaineering & Allied Sports, Manali, on contract or on secondment basis in terms of Annexure A-10 may kindly be ordered to be deleted/amended accordingly. 3. That the Applicant further prays for directions to the Respondents that during the pendency of the present Original Application, the Respondents be restrained from making any appointment to the post of Director in the Directorate of Mountaineering & Allied Sports, Manali on contract or secondment basis.” 2. In reply, the following stand has been taken on behalf of the respondents vide para 3 on merits:- “Admitted. That the petitioner is working as Deputy Director, Directorate of Mountaineering & Allied Sports, Manali, District Kullu, H.P. since 1992 vide notification No. YSS-B(5)2/90 dated 23.7.1992. (Annexure-R1) His appointment was done on adhoc basis for six months which was later terminated vide notification No. YSS- B(5)2/90 dated 20-2-1993. (Annexure RII) His services were regularized on 11-11-1998 on the post of Deputy Director was downgraded to Deputy Director. At present there is no R&P rules for the post of Deputy Director and the existing rules are for the post of Joint Director which was downgraded 3 to Deputy Director. The present R&P rules to the post of Director (amended) are the same as were in the year 1974 (Annexure- RIII). There is addition of “Contract Appointment” which has been carried out as per the instructions of Personnel Department vide their letter No. Per(AP)C-B(19)2/98-Part- II dated 12-12-2003. (Annexure R IV).” 3. The learned counsel for the petitioner submits at the very outset that the respondents have already appointed the petitioner as officiating Director, Directorate of Mountaineering & Allied Sports, Manali, District Kullu, H.P., since 8.7.2009. It is further stated that amendment to the Recruitment and Promotion Rules applicable to the post is also under way. In such circumstances, the learned counsel for the petitioner submits that in case liberty is reserved to the petitioner to make an appropriate representation to the respondents/competent authority, the petition may be disposed of accordingly. 4. In view of the above, the petition is disposed of with a direction that subject to the petitioner making an appropriate representation supported by documents along with copy of this judgment to the respondents/competent authority within one month from today, the same shall be considered and final decision 4 taken in the matter in accordance with law within further period of three months, after affording an opportunity of being heard to the petitioner, if so desired. 5. The petition stands disposed of, so also pending application(s), if any. (V.K. Sharma) Judge. September 2, 2011. (Lsp)