IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Civil Writ Petition No.317 of 1998. Date of decision:23.08.2010. Raj Kumar Prasher & Others … …Petitioners Versus NHPC and Another … …Respondents Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 No. For the Petitioners: Mr.K.D. Sood, Advocate. For the Respondents: Mr.K.D. Shreedhar, Advocate. Dev Darshan Sud,J. The petitioners plead that according to Rule 5A(ii) of the Rules of the Promotion Policy, they would be entitled to promotion to the category of S2. 2. This stand is resisted by the respondents who submit that the special dispensation deals only with respect to the educational qualification but the other conditions requiring trade test etc. are not exempted. 3. In LPA No.282 of 99, titled Amar Nath vs. National Hydro-power Corporation Ltd, decided on 8.7.1999, this Rule came up for interpretation. The High Court of Jammu and Kashmir ruled:- “Heard learned counsel. 1 Whether the reporters of Local Papers may be allowed to see the judgement? Yes. 2 Grievance made in this appeal is that judgment passed by the learned Single Judge in SWP No.1201/98 on 11th May, 1999 suffers from error and according to Shri Kazi interpretation given to para 5A of Revised Promotion Policy of Workmen, Teaching, and Para Medical Staff formulated by National Hydroelectric Power Corporation Ltd., vide No.PPL-672(A), dated 7th October, 1997 is not correct. With a view to properly appreciate submission urged at the bar findings recorded in that behalf by the learned Single Judge are extracted herein below:- “So far as the first argument is concerned, I am of the opinion that a reading of paragraph(ii) makes it apparent that special dispensation which is contemplated in the clause referred to above, is only vis-à-vis qualification and the period of service. The argument that this category of workmen has not to pass the trade test, supervisory test cannot be accepted. Only a limited advantage has been given of relaxation in the educational qualification and the length of service. For promotion to next grade they will have to compete with others. Any other interpretation would mean that person with lesser qualifications and experience are being given preference over those who possess better qualifications. This would lead to a situation where lesser merit would steal a march over better merit. This would be against the very policy. The purpose of the policy is to bring about competition and then select the 3 best. Any other interpretation would lead to a situation which would be open to challenge under articles 14 and 16 of the constitution. This has to be avoided.” On examination of sub-clause(ii) of para No.5A of policy (supra), it appears that intention of the respondents was to only allow a concession in the matter of educational qualification and experience and nothing more. In this behalf para 2.1.1 of the said policy is also relevant which is extracted herein below:- “2.1.1. On acquiring required educational and technical qualification, wherever applicable, workmen may be considered for appointment to respective induction levels of higher categories (i.e. from un-skilled/semi-skilled to semi-skilled/skilled category), subject to passing a trade test followed by supervisory and availability of posts in higher categories. A perusal of this para clearly indicates that on acquiring required educational and technical qualification, wherever applicable, workmen may be considered for appointment to respective induction levels of higher categories “subject to passing a trade test followed by interview and availability of posts in higher categories” (Emphasis supplied). Appellants’ argument if accepted would mean that a person with lesser qualification and experience has to be promoted without trade test/supervisory 4 test and interview vis-à-vis a person with higher qualification, longer experience and who had undergone trade test etc. This does not appear to be the purpose of the para 5A(ii) supra. An exception has been carved out in sub para (ii) of para 5A of the policy only regarding educational qualification and experience. Thus submission of Shri Kazi is without any basis that it should be read down in this sub para that requirement of undergoing trade test was also dispensed with. Besides this if this submission is accepted then word “considered for promotion” used in sub para (ii) supra will have to be substituted with the word “promotion”. Even otherwise on an over all examination of judgment passed by the learned single judge as well as of examination of the promotion policy we see no reason to take different view from the one expressed therein. That being so there is no merit in this appeal which is accordingly dismissed.” 4. This interpretation was also placed on the Rule by the same Court in CWP No.1201 of 98, titled: Girdhari Singh and Ors. vs. National Hydroelectric Project and Ors., decided on 11.5.99. 5. In view of the stand adopted by the respondents that the case of the petitioners can be considered only after qualifying the trade test etc., and in view of the judgment of the Jammu and Kashmir 5 High Court holding that the policy does not dispense with the other requirements except concession in the matter of educational qualification and experience as a special case and that the other requirements of trade test etc. and interview are not dispensed with. There is no ground to hold that the requirements of qualifying trade test and interview are exempted. This writ petition is accordingly disposed of. I hold that under the exception in Rule 5A(ii) of the Promotion Policy the only exemption available to the petitioners would be that of educational qualification and experience and they would have to undergo the trade test and interview etc. as required. In these circumstances, I hold that the petitioners cannot be promoted from Assistant Grade-I in W6 category to S2 Grade without qualifying the other requirements as provided in the Rule. This writ petition is accordingly disposed of. No order as to costs. August 23, 2010. (Dev Darshan Sud) (aks) Judge.