1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 7261 of 2008 Date of decision: 26.10.2010 Raghubir Singh ….. Petitioner. Vs. State of H.P. and another …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : For the Respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. Advocate General and Mr. J.K. Verma, Dy. Advocate General. Justice Kurian Joseph, C.J. (Oral) The petition is filed with the following prayer:- That the impugned Annexure A-1 and subsequent order Annexure A-5 be ordered to be quashed and the seniority of the applicant be decided afresh and the applicant be given all the benefits including his promotion as and when due to him and he be given the senior and step up scales due to him under the circumstances of the case, given in the para 6 above. 2. In para-6(ii) of the reply, it is stated as follows:- “The contents of this para are denied as in the R & P Rules of the H.P. Govt. notified vide notification No.PWE-147-7/57-76098 dated 7th October 1960 a copy of which is enclosed as Annex.R-1, the departmental examination was initially required to be passed for getting promotion to the next higher post but 2 the applicant failed to pass the said examination as such his claim is not maintainable.” 3. It is reported that the petitioner had died in the year 2007. It is made clear that in case the legal representatives of the petitioner have still any grievance left in view of the stand taken in the reply, they may approach the 2nd respondent, in which case, the 2nd respondent will look into the matter and take appropriate action in accordance with law and justice within four months from the date of production of copy of this judgment alongwith copy of this writ petition by the petitioner. 4. The petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice (Justice Kuldip Singh), Judge October 26, 2010 (sks/grs) 3