CWP(T) No. 7068/2008 05.10.2010 Present: Mr. H. K. Paul, Advocate, for the petitioners. Mr. Vivek Thakur, Addl. A.G. for the respondents Facts are not in dispute. Petitioners were appointed as Head Masters on regular basis. The State of Himachal Pradesh has framed Recruitment and Promotion Rules for the posts of Principals of the Govt. Senior Secondary Schools. In terms of the said rules, posts of Principals were to be filled-up 100% by promotion. There is no dispute that petitioners fell within the feeder category and were otherwise eligible for being considered for promotion to such posts. There is no dispute that these rules subsequently stand amended by the Government. However, such amendment would not effect petitioners’ rights and chances of promotion for the simple reason that prior to the amendment clear vacancies were in existence. It is admitted case of the parties that petitioners were also promoted as Principals on adhoc basis w.e.f. 20.9.1995 (petitioner No.1), 5.4.1995 (petitioner No.2) & 30.8.1996 (petitioner No.3). There is also no dispute that petitioners were subsequently asked to officiate as District Education Officers vide office order dated 22.11.1996 (Annexure A-7). 2. In the reply respondents admit that posts of Principals (school cadre) had fallen vacant in the year 1994 (prior to the amendment) but however since the DPC could not be constituted they were not filled-up on regular basis. 3. Now there is no dispute that having served as Principals on adhoc basis petitioners have retired. Respondents allowed this arrangement to continue over a considerable period of time. Further, DPC was convened only after petitioners’ retirement. There is no explanation for the same. As a consequence thereof, persons junior to petitioners as Head Masters were promoted as Principals on regular basis. This cannot be allowed to be done. 4. The Apex Court in Y.V . Rangaiah and Ors. vs. J. Sreenivasa Rao & others (1983) 3 SCC 284 has clearly held that such of those vacancies which arise prior to the amendment of the rules are required to be filled in by taking into account the prevalent rules at the time when the vacancies arise. 5. Further, State of Himachal Pradesh has issued instructions compiled in Hand Book on Personnel Matters. Chapter 16, Vol.I, Second Edition, laying down the following instructions for filling up the posts which fall vacant in the relevant year: “16.29 Cases where the DPC could not be held any year even though some vacancies arose during that year (a) Preparation of yearwise select lists It has been decided that where the DPC could not be held in any year even though some vacancies arose during that year, the DPC that meets thereafter should follow the following procedure:- (i) Determine the actual number of regular vacancies that arose in each of the previous year/years immediately preceding and the actual number of regular vacancies proposed to be filled in the current year separately. (ii) Consider in respect of each year those officers only who would be within the field of choice with reference to the vacancies of each year starting with the earliest year onwards. (iii) Prepare a consolidated select list separately for each of the years starting with the earliest year onwards including the names of officers of reserved categories. (iv) Prepare a consolidated select list by placing the select list of the earlier year above the one for the next and so on. The above decision is operative with effect from 23rd June, 1984 i.e. the date on which the instructions were issued. It is clarified that past cases already decided will not be reopened. (H.P. Government Department of Personnel leter No., PER (AP- II) A(1)-1/80-III, dated 23rd June, 1984 –Annexure 16.24).” 6. Consequently respondents were required to fill up the vacancies by taking into account petitioners’ eligibility for the vacancies which had arisen yearwise. Action taken by the respondents is not filling up the vacancies promptly cannot be said to be in accordance with law. 7. As such respondents are directed to consider the petitioners’ case for promotion on regular basis from such dates on which petitioners were otherwise eligible for promotion in accordance with law. Consequential action be positively taken within a period of three months from the date of receipt of the certified copy of the order. It is clarified that arrears, if any, shall also be paid within the aforesaid period, failing which, thereafter petitioners shall be entitled to interest @9% per annum. With the aforesaid observations, petition stands disposed of. ( Sanjay Karol ), Judge October 05, 2010 (rana)