IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 5110 of 2008. Decided on: 11th May, 2010. D.D. Gautam. ….. Petitioner. Versus State of Himachal Pradesh. …… Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the petitioner : Mr. H.K. Paul, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioner is aggrieved since he is not granted promotion on the basis of the qualification he acquired, namely, AMIE on 28.1.1971. According to the petitioner, many of his juniors in service who passed AMIE on 28.1.1971 have been granted promotion and yet the petitioner was overlooked. Since the claim for promotion to the post of Assistant Engineer depends on the date of acquisition of the requisite qualification, the claim of the incumbent should be considered w.e.f. the date when the incumbent becomes qualified subject to availability of vacancy in the post to which the incumbent is to be promoted. Therefore, there will be a direction to the first respondent to look into Annexure A-10, representation and take appropriate action thereon in the light of the observations contained in this judgment. 2 The needful, as above, shall be done within a period of two months from the date of production of a copy of this judgment by the petitioner. The writ petition is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 11th May, 2010 ( Justice R.B. Misra), (tr) Judge.