26.2.2009 Present: None for the petitioner. Mr. Vivek Thakur, Addl. A. G. with Mr. Anil Jaswal, Dy. A. G. for the respondents. CWP(T) No.3959/2008 (OA No.2065/96) Inspite of pass over none has caused appearance on behalf of the petitioner. In the present petition the petitioner has assailed the Rules (Annexure A-7) on the ground that the Rules do not provide for adequate opportunity of promotion to the post of plumber/pipe fitter Gr.II. The State of Himachal Pradesh in exercise of its powers under Article 309 of the Constitution of India issued a Notification framing the Recruitment and Promotion Rules for the post of Work charged Grade- II employees in the Public Works Department of Himachal Pradesh. The posts of Plumber/Pipe fitter Gr.II are to be filled up as under:- “11. In case of recruitment by appointment, promotion, deputation, transfer, grade from which promotion/ deputation/ transfer is to be made. : i) 80% appointment from daily waged Plumber Pipe fitter Gr.II having 10 years continuous service as such with a minimum of 240 days in a calendar year failing which by promotion. Provided that in case of tribal areas the requisite number of days or the eligibility for appointment from amongst daily waged Plumber, Plumber Gr.I, Plumber Gr.II, Pipe Fitter Gr.II as work charged employees will be as under: (a) For Kinnaur District and Spiti Sub-Division of Lahual and Spiti District : 180 days. (b) For Lahaul area of Lahaul and Spiti District and Pangi Sub- Division of Chamba District : 160 days. ii) 20% by promotion from amongst work charged beldar having working knowledge of assembly fitting installation, maintenance and repairs of plumbing pipe fixture and fitting for water supply irrigation and drainage system supported with five years experience in the pay scale of Rs.770-1365. (For the purpose of appointment/ promotion, a combined seniority list will be maintained at Circle level of eligible incumbent with reference to their appointment in their respective feeder category without disturbing their inter-se Unit Wise seniority). For the purpose of appointment/ promotion following roster shall be followed: 1st point : Appointee 2nd point : -do- 3rd point : Promotee 4th point : Appointee 5th point : -do- (The roster point will repeat after every 5 points) iii) Not-withstanding anything contained in any rules 7 & 8 above, the daily rated workers already working as Plumber, Pipe-fitter before coming into operation of these rules shall be eligible for promotion irrespective of the fact as to whether the name of these candidates recommended by the Employment Exchange or not. The challenge is on the ground that reservation of 20% is on the lower side and the ratio is insignificant as the cadre strength is about 60%. Ratio of 80% has been fixed keeping in view the length of the daily waged plumber/pipe fitter Grade-II who has been in continuous service for the last 10 years. Fixation of percentage of reservation is solely the prerogative of the State. There is nothing on record to show that the said fixation is arbitrary, fictitious or against the Rules. The Government has applied its mind, taking into account the overall circumstances and watched the interest of all the employees before the same was done. For the aforesaid reasons, I find no merit in the present petition and the same is consequently dismissed. ( Sanjay Karol ), Judge. February 26, 2009 (rana)