IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 11849/2008 Decided on:30.12.2010 _____________________________________________ Kuldip Singh. …Petitioner. Versus State of H.P. and another. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No For the petitioner : Mr. J.R. Thakur, Advocate. For the Respondents: Mr. Vinod Thakur, Dy. A.G. with Mr. R.P. Singh, Asstt. A.G. _____________________________________________________ Rajiv Sharma, Judge (oral). Case of the petitioner, in a nutshell, is that he has been over looked for promotion to the post of District Welfare Officer. Precise case of the respondent-State is that as per the seniority list of Tehsil Welfare Officers as on 31.8.1999, the petitioner was at Sr. No.70 and Kushal Singh was at Sr. 26. The Departmental Promotion Committee met on 22.6.2004 and since the petitioner was at Sr. No. 70, Kushal Singh was promoted to the post of District Welfare Officer on 12.7.2004. However, the fact of the matter is that the revised seniority list, which was issued on 18.6.2004, petitioner is at 1 Whether reporters of the local papers may be allowed to see the judgment? No 2 Sr. No. 26 and Kaushal Singh is at Sr. No.27. Further case of the respondent-State is that the Departmental Promotion Committee met on 22.6.2004 and the copy of seniority list was supplied to the Department on 11.8.2004 and as such the petitioner could not be considered for promotion at that time. Since the petitioner ranked senior as per Annexure R-2 dated 18.6.2004, his case is also required to be considered for promotion in accordance with law to the post of District Welfare Officer taking into consideration his seniority. In fact, the petitioner’s right has crystallized to be promoted to the post of District Welfare Officer on the basis of seniority list dated 18.6.2004 whereby he ranks senior to Kushal Singh. The Departmental Promotion Committee met only on 22.6.2004. The Department was aware as on 22.6.2004 that the petitioner ranks senior to Kushal Singh. 2. Accordingly, the present petition is disposed of with a direction to the respondents to consider the case of the petitioner for promotion, in accordance with law, as per revised seniority list Annexure R-2, within a period of two months, from the date of production of certified copy of this judgment by the petitioner. No costs. (Rajiv Sharma), Judge 30.12.2010 *awasthi*