IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 5559 of 2008 Date of decision: 09.11.2010 _________________________________________________________ Satish Kumar. .....Petitioner. Versus The State of H.P. & another. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. __________________________________________________________ For the petitioner: Mr. Ranjan Sharma, Advocate. For the respondents: Mr. Anil Jaswal, Deputy Advocate General. V.K. Sharma, J (Oral). The petition has been filed for grant of the following reliefs vide para 7(i) to (iv): “7(i) That the respondents may be directed to consider the case of the applicant for appointment as a Lecturer in the department of Sanhita, Sanskrit and Siddhant, in the Govt. Ayurvedic College, Paprola w.e.f. 2.9.1997 forthwith. 7(ii) That the respondents may be directed to give the seniority as a Lecturer in the aforesaid department w.e.f. 2.9.1997 forthwith. 7(iii) That the respondents may be directed to give the benefit of 1 increment under F.R. 22-C (now F.R. 22(1)(a)(1) w.e.f. 2.9.1997 forthwith. 7(iv) That the respondents may be directed to give interest @ Rs. 18% per annum on the delayed payments of 1 increment w.e.f. 2.9.97 forthwith.” 1 Whether reporters of Local Papers may be allowed to see the judgment? No. 2. In the reply filed on behalf of respondents, the following ...2... stand has been taken in para 6(vi) and (viii): “6(vi) In the reply to this para it is submitted that the applicant was transferred from Govt. Ayurvedic Dispensary Purwa (Kangra) to Govt. Ayurvedic College, Paprola vide transfer order dated 12.8.97 and he jointed in the College on 2.9.97 as Ayurvedic Chikitsa Adhikari in his own interest. The new R & P Rules for the post of Lecturer were notified on 26.5.97, hence the R. & P Rules of 1985 were not in force at the time of his joining in the College, Paprola. 6(viii)In reply to this para it is submitted that as per notification No. Ay-GA(10)-1/91 dated 3.1.96 annexed to this O.A. as A-4, 3 posts of Lecturer have been allocated to the specialty of Sahinta Sanskrit and Sidhanta including 2 posts for Siodhanta and 1 for Sanskrit. The only post allocated for Sanskrit lecturer is still lying vacant, whereas 2 posts allocated to Sahinta & Sidhanta were filled in. Lateron 1 post fell vacant in 10/97 against which Dr. Rajesh Sood who is senior to the applicant was appointed posted as Lecturer. The next vacancy in the same Department occurred in 8/98 against which the applicant has been appointed/posted.” 3. It is manifest from the above reply that the petitioner has since been promoted as Lecturer in August, 1998. However, his claim for promotion dates back to 12th August, 1997, on the basis of Notification of even date, Annexure A-6. 4. In case the petitioner still has any surviving grievance with regard to the factual and legal position, he may point out the same by way of an appropriate representation before the first respondent within one month from today alongwith copy of this judgment and the first respondent shall hear the petitioner in person and decide the representation within another period of three months. While deciding the representation, the first respondent shall also take into consideration the H.P. Ayurvedic Department ...3.. (Lecturer Ayurveda Rules Class-III Non-Gazetted) Recruitment and Promotion Rule, 1985, Annexure A-3, Notification dated 3rd January, 1996, Annexure A-4, Notification dated 12th August, 1997, Annexure A-6 and another Notification dated 25th November, 1998, issued by the Government of Himachal Pradesh, Department of Ayurveda, a copy whereof has been produced at the instance of the petitioner and is taken on record. 5. Needless to say that in the event of any positive result, the consequential follow up action shall be taken within another period of one month. 6. In view of the above, the petition stands disposed of. (V.K. Sharma) Judge 9th November, 2010 (virender)