CWP (T) No. 2183/2008 3.3.2009: Present: Mr. R.S. Gautam, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Additional Advocate General and Mr. Vikas Rathore, Deputy Advocate General for the respondents. The petitioner was eligible for promotion to the post of Controller, Printing and Stationery as per the Recruitment and Promotion Rules notified on 31.3.1979. However, the case of the petitioner was not considered for promotion against the post in question and the post was declared as a duty post and one incumbent from the cadre of HPAS was appointed against the post of Controller, Printing and Stationery with effect from 1.1.1991. The petitioner was though promoted but it was only on 5.12.1992. It is not disputed by the State that the petitioner was eligible as per the norms prescribed on 31.3.1979. Since the petitioner was eligible, qualified and available for being considered for the post of Controller, Printing and Stationery, he should have been considered in accordance with law instead of filling up the post after declaring the same as duty post from the cadre of HPAS. It was only if the petitioner or any other incumbent was not available or found suitable, the State could resort to declare the post of Controller, Printing and Stationery as a duty post not otherwise. The second issue involved in this petition is with regard to the right of the petitioner to get the rent free accommodation. Mr. R.S. Gautam, Advocate has drawn the attention of the Court to Annexure P-8 dated 26.7.1984. It is evident from this letter that the previous incumbent Sh. K.C. Bhardwaj was held entitled to rent free accommodation. Thus, the petitioner was also entitled to rent free accommodation on the analogy of Sh. K.C. Bhardwaj. As far as issue No.3 qua gratuity is concerned, the same has been paid to the petitioner, however, without interest. Accordingly, the writ petition is allowed. The respondents are directed to consider the case of the petitioner for promotion to the post of Controller, Printing and Stationery with effect from 28.11.1990 strictly as per notification dated 31.3.1979. In case the petitioner is found suitable for promotion, he will be held entitled to all the consequential benefits. This will cover only period with effect from 28.11.1990 to 5.12.1992. The respondents are directed to grant the benefit of the rent free accommodation to the petitioner as per Annexure P-8 within a period of eight weeks from today. The respondents are further directed to pay interest @ 9% per annum to the petitioner on gratuity from the due date till its realization. No costs. Copy Dasti on usual terms. (Rajiv Sharma), March 3, 2009 Judge. *Awasthi*