IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 15086 of 2008 Date of Decision : December 14, 2011 Shri Umesh Chander son of Shri Bhavani Dutt, Resident of Kothi, Devda, P.O. Ghatti, District Solan, Himachal Pradesh. Petitioner Versus 1. State of Himachal Pradesh through its Principal Secretary (Horticulture), Himachal Pradesh, Shimla-171002. 2. Director (Horticulture), Shimla, Himachal Pradesh. Respondents An application under Section 19 of the Administrative Tribunal Act, 1985. Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Ms. Ranjana Parmar, Advocate. For the respondents : Mr. Ram Murti Bisht, Deputy Advocate General with Mr. Vinod Thakur, Dy. A.G. for respondents-State. Justice Sanjay Karol, J. (Oral) Petitioner has prayed for the following relief: “(a) That the respondents may be directed to promote applicant as Horticulture Development Officer from due date with all consequential benefits.” Whether reports of Local Papers may be allowed to see the judgment? 2 2. In reply filed by the respondents it is so stated that:- “3. The applicant has no locus standi to file and maintain the present O.A. as the R&P rules to the post of Horticulture Development Officers were suspended by the Government due to formation of common cadre of the different categories of officers in the Department of Horticulture. In the absence of the R & P rules, the applicant and others eligible Horticulture Extension Officers could not be promoted as Horticulture Development Officer. Now the new R&P rules have recently been finalized and as such the eligible incumbent alongwith applicant shall be promoted very shortly. Hence, the O.A. may please be dismissed straightway in the interest of justice.” 3. Thus, there shall be a direction to the respondents to look into the matter and take appropriate action in accordance with law, for considering the petitioner for promotion to the post of Horticulture Development Officer, if already not considered. Needful shall positively be done within a period of three months from the date of receipt of certified copy of the judgment. Petition stands disposed of, so also the pending application(s), if any. (Justice Sanjay Karol), Judge. December 14 , 2011 (PK)