IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 77 of 2009. Date of decision: 3.11.2009 ________________________________________________________ Sh.Anil Kumar …. Appellant Versus State of H.P. & Ors. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr.Justice V.K.Ahuja, J. Whether approved for reporting? No For the appellant: Mr.Bimal Gupta, Advocate. For the respondents: Mr.R.K.Bawa, Advocate General with Mr.Rajesh Mandhotra, Deputy Advocate General, for respondents No.1 and 2. Mr.Ajay Mohan Goel, Advocate for respondent No.3. _____________________________________________________ Deepak Gupta, J.(Oral) CMP No.679/2009 Heard learned counsel for the parties. For the reasons stated in the application, the same is allowed and the delay in filing the appeal is condoned. The application is disposed of. 2 LPA No.77/2009 This Letter Patent Appeal is directed against the judgment of the learned Single Judge delivered in CWP No.2822 of 2008, decided on 6.4.2009 whereby he has partly allowed the writ petition by rejecting the prayer of the appellant for setting aside the appointment of respondent No.3 as Cold Chain Officer w.e.f. 4.11.1995. Briefly stated the relevant facts of the case are that the appellant was working as Mechanic Refrigerator with respondents No.1 and 2 since 28.11.1988. He has obtained a diploma from I.T.I, Shahdra, Delhi but did not possess a diploma or degree in mechanical engineering. The post of Cold Chain Officer was created in the Department sometime in the year 1995. Respondent No.3 was initially appointed on ad hoc basis for a period of six months and thereafter, his services were regularized. The petitioner’s grievance in the Original Application was that respondent No.3 had been appointed only on the basis of the draft Recruitment and Promotion Rules and the petitioner had wrongly been ignored for consideration to the said post. This case was originally filed before the erstwhile State Administrative Tribunal. On abolition of the 3 Tribunal, the case was transferred to this Court in terms of the Himachal Pradesh Administrative Tribunal (Transfer of Decided and Pending Cases and Applications) Act, 2008. After transfer, the matter was heard by the learned Single Judge who accepted the plea of the appellant to the extent that some promotional avenues should be available to every employee including the appellant and directed that respondents No.1 and 2 shall frame a scheme within a period of eight weeks in this regard. However, the prayer of the appellant for quashing the appointment of respondent No.3 was rejected on the ground that as per the Draft Rules which later on were statutorily notified as the Rules, the essential qualification for Cold Chain Officer was diploma in Mechanical Engineering and Post Diploma in Hospital Engineering from a recognized Government University. Admittedly the petitioner did not possess these qualifications. It may be true that these Rules may not have been notified at the time when respondent No.3 was initially appointed but in the absence of Rules, the Appointing Authority can lay down the minimum essential qualifications which are relevant for the post. It cannot be argued that the essential qualification of diploma in 4 Mechanical Engineering and Post Diploma in Hospital Engineering are irrelevant for the post of Cold Chain Officers. These officers have to be appointed in hospitals and some medicines are required to be kept refrigerated in cold chain without break and, therefore, these qualifications were germane to the appointment. Sh.Bimal Gupta, learned counsel for the appellant has argued that at the time when respondent No.3 was appointed, the post in question was not advertised and he was appointed without public notice. This ground was never specifically raised in the Original Application and not argued before the learned Single Judge. In any event, such a ground is not available to the appellant who does not possess the minimum educational qualifications. Therefore, the appeal is rejected. No order as to costs. ( Deepak Gupta ) Judge November 3, 2009 (V.K.Ahuja) (m) Judge