IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 4604 of 2011. Decided on: 18th October, 2011. Satish Aumta. … Petitioner. Versus State of H.P. & others. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the Petitioner : Mr. Adarsh Sharma Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. Ankush Dass Sood, Addl. Advocate General and Ms. Shubh Mahajan, Dy. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) On 17th June, 2011, this Court passed the following order: “Notice. Mr. J.K. Verma, Dy. A.G. accepts notice on behalf of the respondents. The posts of Lecturer in the department of Microbiology and Biochemistry were created on 17.9.1994 but it is shocking to note that so far the R & P Rules with regard to the said posts have not been framed. Now, it is around 17 years and certainly it is not in the interest of sound administration. There will be direction to the first respondent to file an affidavit as to what is the shortest time required for framing the rules in that regard. The affidavit shall be filed within two weeks. Post on 14.7.2011.” 2. Learned counsel for the petitioner has brought to the notice of this Court a communication dated 15th October, 2011, which is taken on record whereby the Government has passed the following order: 2 “Please refer to your letter No.HFW(DME)H(III)G- 93/2007 dated 9.7.2011 on the subject cited above and to convey the approval of the Government to designate Sh. Satish Aumta as Lecturer in Medical Laboratory Technology against vacant post in IGMC, Shimla in his own pay scale without any extra remuneration. The above designation in purely a stop- gap arrangement till the finalization of the R&P Rules and shall not confer any right upon him for financial benefits, teaching experience or seniority etc. You are, therefore, requested to take necessary action in the matter accordingly under intimation to this department.” 3. Consequently, the Director, Medical Education and Research has passed the following Office Order, which is taken on record: “Pursuant to Secretary (Health) to the Govt. of H.P. letter No.HFW-B(B)7-3/2006 dated 15.10.2011, Shri Satish Aumta Sr. Laboratory Technician, IGMC Shimla is hereby re-designated as Lecturer in Medical Laboratory Technology against vacant post in Indira Gandhi Medical College, Shimla in his own pay scale without any extra remuneration. The above designation is purely a stop gap arrangement till the finalization of the R&P rules and shall not confer any right upon him for financial benefits, teaching experience or seniority etc.” 4. Learned counsel for the petitioner submits that in view of the development, as above, the writ petition itself may be disposed of with a direction that the petitioner may be treated as Lecturer, Medical Laboratory Technology for all purposes from the date he is discharging the duties. In view of the development, as observed above, it needs no further discussion to hold that the petitioner will be entitled to all 3 the benefits attached to the post of Lecturer, Medical Laboratory Technology. To that extent, the order dated 15.10.2011 would stand modified. 5. In terms of our order dated 17th June, 2011, an affidavit has been filed, wherein it is indicated that it will take some more time to frame R&P Rules. As we have already observed in the order, as extracted above, already 17 years have been taken for framing the Rules. It certainly does not reflect healthy administration to state with impunity that even after 17 years, it will take further time. Therefore, there will be a direction to the respondents to see that the Rules are framed and notified in any case on or before 31.12.2011. With the above observations and directions, the writ petition is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 18th October, 2011. (Justice Sanjay Karol), (tr) Judge. 4