IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 5545 of 2008. Decided on: 26th October, 2010. Sat Pal. .….. Petitioner. Versus State of H.P. and others. …. .. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner : None. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. Ankush Dass Sood, Addl. Advocate General and Mr. J.K. Verma, Dy. Advocate General, for respondents No.1 & 2. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed within the following prayers: “(i). That the impugned Notification dated 22.8.1998 (Annexure A-3) issued by the respondent No.1 vide which the respondent No.3 has been promoted to the post of Senior Lecturer against the vacant post of Reader, may kindly be quashed and set aside. (ii) That the respondents No.1 and 2 may kindly be directed not promote the respondent No.3 in any arbitrary and contrary manner unless or until the applicant is promoted to the post of Reader as the applicant is entitled for the same promotion w.e.f. 1.4.1994 when the vacancy for the post of Reader arose.” 2. In the reply at paras 6(iv) and 6(v), it is stated as follows: “6(iv) Admitted to the extent that the nomenclature of all teaching categories in Rajiv Gandhi Govt. Ayurvedic College Paprola was changed by the Govt. on the recommendation of the C.C.I.M. Therefore, the change 2 of nomenclature was not deliberate and has no relevance with the case. 6(v) Denied emphatically. The post of Asstt. Professor/Sr. Lecturer in the department of Rasa- Shastra and Dravyaguna was occupied by Sh. D.R. Nag till 17.8.88 when he was temporarily shifted to Joginder Nagar as Botanist and the post fell vacant w.e.f. 8.12.1994. The Department could not fill up this post as matter of regular adjustment of Shri D.R. Nag as Botanist was under consideration of the Govt. and this post was required to be kept vacant until his regular adjustment. The said Sh. D.R. Nag was adjusted against the post of Botanist w.e.f. 8.12.94 which cleared way for the promotion of the applicant and on the availability of the vacant post the applicant was promoted. This process stood completed prior to filing of the said contempt petition No. Cont. Pet. (D) 24/1995.” 3. In case the petitioner has still any grievance with regard to the above factual position, he may approach the first respondent, in which case the matter will be duly considered and appropriate orders will be passed in accordance with law within another four months from the date of production of a copy of this judgment by the petitioner. 4. The writ petition is disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 26th October, 2010 (Justice Kuldip Singh), (tr) Judge. 3