IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 2586 of 2008. Decided on: 09.03.2009. Inder Mohan Sharma. … … … Petitioner. Versus State of H.P. and Another. … … … Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the petitioner: Ms. Ranjana Parmar, Advocate for the petitioner. For the Respondents: Mr. R. K. Sharma, Senior Additional Advocate General with Mr. Rajinder Dogra, Additional Advocate and Mr. Vikas Rathore, Deputy Advocate General. Rajiv Sharma, Judge(Oral): Rana Padam Chander Sanatan Dharam Bhargav College, Shimla was taken over by the Government of Himachal Pradesh in the year 1977. A conscious decision was taken by the State Government on 10th January, 1980. The text of this letter dated 10th January, 1980 reads thus:- “I am directed to refer to your letter No.EDN(F)(6) 5- 28/77-II dated 27.11.1979 on the above subject and to convey approval of the Commission to the taking over of the services of Shri Satish Chander, I.M. Sharma, J.M.L. Whether reporters of local papers may be allowed to see the judgment? No. - 2 - Bhatnagar and Smt. Usha Baljit Singh as Lecturers in relaxation of the normal provisions of rules regarding essential qualifications prescribed for the posts, as they had been appointed on regular basis by the Management committee and their appointments had continued for a number of years already on the date of taking over of the college by the Govt. As far as the taking over of the services of the other 4 employees namely S/Shri R.S. Gupta, and B.D. Sharma as Lecturers and Miss Sharda Dhaulta and Mrs. Paramjit Kaur as Demonstrators is concerned the Commission does not approve the same in view of the fact that their adhoc appointments were made just 29 days earlier to the taking over of the College by the Govt. on 15.9.1977. However, in view of the High Court orders dated 20.12.1978 passed on the CWP Shri B.D. Sharma Vs. State of HP and others to maintain the status-quo with regard to the present services which the petitioner Shri B.D. Sharma is/was performing, the Commission advise that S/Shri R.S. Gupta, B.D. Sharma, Miss Sharda Dhaulta and Mrs. Paramjit Kaur may continue on adhoc basis against their respective posts on the terms and conditions of service specified in the resolution dated 16.8.1977 regarding their appointments passed by the Sub- Committee of the said college till the final decision of the Hon’ble Court on the said writ petition. The service books and personal files of the following officials received with your letter under reference are sent herewith. 1. S/Shri J.M.L.Bhatnagar, Lecturer 2. Satish Chander 3. I.M. Sharma 4. Mrs. Usha Baljit Singh 5. R.S. Gupta - 3 - 6. B.D. Sharma 7. Personal file of Miss Sharda Dhaulta 8. Personal file of Mrs. Paramjit Kaur. Kindly acknowledge receipt.” In sequel to this letter dated 10th January, 1980, the services of the petitioner were also taken over vide Annexure A-4. However, at the time of considering the case of the petitioner for promotion to the post of Principal, a plea was raised by the respondents that the petitioner being not in possession of 50% marks, his candidature could not be considered. The sole question requiring consideration of this Court is whether the relaxation which has been given to the petitioner at the initial stage will be available at the time of promotion to the higher post. This proposition is no more res-integra in view of the law laid down by their Lordships of the Hon’ble Supreme Court in District Registrar Palghat and Ors. versus M.B. Koyyakutty and Ors. 1979 SLJ 278. Accordingly, in view of the definitive law laid down by their Lordships in 1979 SLJ 278 the writ petition is allowed. The respondents are directed to consider the case of the petitioner for promotion to the post of Principal from due date within a period of eight weeks from today. It is clarified that the rigours of the Recruitment and Promotion Rules already stood relaxed at the time of taking over the services of the petitioner vide letter dated 4th February, 1980, 1980. There shall, however, be no order as to costs. March 09, 2009. (Rajiv Sharma) (sck). Judge.