IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 4640 of 2009. Decided on: 11.3.2010. Vidya Sagar Sharma ….. Petitioner. Versus State of H.P & ors. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the petitioner : Mr. A.K.Gupta, Advocate. For the Respondents : Mr. R.K.Sharma, Sr. Addl. AG. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner has filed the writ petition with the following prayer: “i) That a writ of mandamus may kindly be issued to the respondents to promote the petitioner and other persons shown in Annexure P-1 to the next higher post by merging the cadre with other Clerks from the due date will all the benefits incidental thereof such as seniority, pay fixation, arrears etc.” According to the petitioner under Annexure P-2 Rules- Himachal Pradesh Public Works Department Senior Assistant (Class-III Non-Gazetted) Recruitment and Promotion Rules, 1996, 20% of the vacancies in the promotion cadre are reserved to Store Clerks Work Charged brought into regular cadre with 10 years of service in grade. However, it is submitted that so far nobody has been given the benefit of said reservation of 20% though several eligible persons are available. -2- There will be a direction to the first respondent to look into the matter and take appropriate action accordance with law and in case the Rules, as referred to above, are still in force, the benefit in respect of the above Rules shall be extended to the eligible persons. The needful in this regard shall be done within a period of two months, on production of a copy of this judgment along with a copy of the Writ Petition. The petition stands disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice March 11, 2010 ( Justice R.B.Misra ), (ks/tr) Judge.