IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 8902 of 2008 Date of Decision : May 27, 2010 Sh. Nand Lal and others Petitioners Versus State of H.P. and others Respondents Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting : Yes. For the petitioners : Ms. Ranjana Parmar, Advocate, for the petitioners. For the respondents : Mr. R. K. Sharma, Senior Addl. Advocate General for the respondents. Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayer: “(i) That the action of the respondents to fill in the vacancies of the years 1999 to 2002 in accordance with the rules may be held void-ib-initio and the respondents may be directed to review DPC which has resulted in passing of the orders Annexure-A5 to A8 may be reviewed and the respondents may be directed to convene DFPC for the posts of Senior Assistants by calculating the year wise vacancies and in accordance with the rules which were in vogue at the time of occurrence of vacancies and thereafter to promote the applicants to the posts of Senior Assistants from the due dates with all consequential benefits.” 2. The simple contention of the petitioners is that vacancies which existed prior to the amendment of the Rules should be filled 2 up in accordance with the Rules prevalent at the relevant time. Only those vacancies which arose after the amendment alone can be filled up in terms of the amended Rules. That is a well settled position in law and the latest decision of the Apex Court in this regard is A.Manoharan and others vs. Union of India and others, reported in (2008) 3 SCC 641. 3. Mr. R. K. Sharma, leaned Senior Addl. Advocate General submits that State may be given liberty to review any promotion granted to any ineligible or unqualified person. If there is such an instance it is open to the competent authority to issue notice to the incumbents, afford an opportunity for hearing and take proper action in accordance with law. But vacancies which arose prior to the amendment of the Rules should be filled up only in accordance with the unamended Rules. The needful in the light of the declaration of law as above shall be done within two months from the date of production of the copy of this judgment alongwith the copy of the writ petition. Petition stands disposed of so also the pending application. Dasti copy. (Justice Kurian Joseph), Chief Justice. (Justice Sanjay Karol), Judge. May 27, 2010 (PK)