IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No.: 4763 of 2008 Date of decision: 10.8.2010 Pritam Chand and others … Petitioners. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioners: Mr.Bhuvnesh Sharma, Advocate. For the respondents: Mr. Vivek Singh Thakur, Addl.A.G Deepak Gupta, J. (Oral) 1. The petitioners by means of this petition have prayed that they be given the benefit of FR.22(I) (a)(I) and be granted two increments each firstly, on their promotion as Process Server. 2. The undisputed facts are that the petitioner No.1 Pritam Chand was appointed as Poen on 27.12.1980, petitioner No.2 Prakash Chand on 27.12.1980, petitioner No.3 Kuldeep Chand on 27.12.1980, petitioner No.4 Kartar Chand on 29.12.1977 and petitioner No.5 Jaswant Singh on 23.6.1978. They were all placed in the post of Process Server, which is the next higher post, on 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. 2 1.9.1988, 16.7.1990, 1.9.1988, 1.9.1988 and 1.9.1988 respectively. This was done pursuant to some government notification dated 5.6.1987. The petitioners claim that in terms of the fundament rule FR.22(I)(a)(I) they were entitled to grant of two increments. This benefit have been denied to them by the State on the ground that at the relevant time no Recruitment and Promotion Rules for filling up the posts of Process Server had been framed and the petitioners were only re-designated and not promoted as process server. The matter was examined by the Finance Department and it was found that for this reason this amount is not payable to them. In addition to the above, I find that admittedly, the petitioners were appointed/promoted as Process Server in the year 1988/1990 and the petition in question has been filed in the year 1997 after they had even been promoted to the next higher post. Therefore, at this belated stage they cannot claim benefit in respect of the first promotion even if it be considered as promotion to the post of Process Server. 3 In view of the above discussion the petition is dismissed. 10th August, 2010 ( Deepak Gupta ) ™ Judge.