IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 3703 of 2008 Date of decision: 15.11.2010 _______________________________________________ __________ Smt. Malika Devi and another .....Petitioners. Versus The Himachal Pradesh Krishi Vishava Vidayalaya and others .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. _______________________________________________ For the petitioners : Mr. Surinder Sharma, Advocate. For respondent No. 1 : Mr. Lokinder Thakur, Advocate. Respondents No. 2 and 3 exparte. V.K. Sharma, J (Oral). The petitioners were working as Library Assistants on the establishment of the respondent-University. At the relevant time, as per the Recruitment and Promotion Rules (for short R & P Rules), governing their service, they were required to have three yeas qualifying service in the cadre and certificate in library science apart from typing speed of 30 1 Whether reporters of Local Papers may be allowed to see the judgment? No. 2 w.p.m (English) or 25 w.p.m (Hindi), for being promoted to the higher post of Semi Professional Assistant. According to the petitioners, they were possessing the requisite qualification and were eligible for promotion. However, in the meantime R & P Rules were amended and thereby the condition regarding holding a certificate in library science and with regard to the typing speed as above were done away. 2. At this juncture, it shall be appropriate to state that undisputably private respondents No.2 and 3 were senior to the petitioners, but, they were not holding the requisite certificate in library science. Consequent upon amendment in the R&P Rules, private respondents No.2 and 3 became eligible for promotion to the post of Semi Professional Assistant. Accordingly, they were promoted as such vide Office Order dated 20.6.1996, Annexure A-12. Here, it shall be pertinent to observe that as per supplementary affidavits dated 23.8.2010 and 13.09.2010, filed on behalf of the respondent-University, the post of Semi Professional Assistant was available prior to 18.4.1996, when the unamended R & P Rules were holding the field. At that time, though petitioner No.1 Smt. Malika Devi was junior to the private respondents No. 2 and 3, yet, she was possessing the requisite qualification. It being so, it would have been expedient and in the interest of justice to consider her case for promotion against the vacancy of Semi Professional Assistant available at that time. However, since it was not done, to this extent, to 3 my mind, petitioner No.1 Smt. Malika Devi, is right in saying that she should have been considered for the promotional post at that time in accordance with the unamended R & P Rules. Once, the case of petitioner No.1 Smt. Malika Devi is considered for promotion against the post of Semi Professional Assistant, which was available prior to 18.4.1996, the next two posts in the promotional cadre became available on and w.e.f 20.6.1996, when private respondents No. 2 and 3 were promoted against those posts vide Office Order dated 20.6.1996, Annexure A-12. Both of them being senior to petitioner No. 2 Shri Subhash Chand and the R & P Rules having been amended to their benefit, it can be safely said that they were rightly promoted against those two posts. Thereafter, admittedly, petitioner No.1 Malika Devi, was promoted as Semi Professional Assistant on and w.e.f 5.5.1997 and in case she is considered for promotion prior to 18.4.1996, to which her right has already been established here-in-above, against the post to be vacated by her, petitioner No.2 Shri Subhash Chand can very well be considered. 3. In view of the above, there will be a direction to the respondent-University to consider the case of petitioner No.1 Smt. Malika Devi for grant of promotion against the vacancy of Semi Professional Assistant that was available prior to 18.4.1996, that is, when unamended R & P Rules were in force. Ordered accordingly. She shall also be entitled 4 for the consequential benefits. The entire exercise connected with consideration of her case for promotion in the light of this judgment shall be carried out by the respondent-University within a period of four months, from the date of production of copy of this judgment by petitioner No.1 Smt. Mlika Devi. 4. Similarly, the case of petitioner No.2 Shri Subhash Chand along with grant of consequential benefits shall also be considered by the respondent-University for promotion as Semi Professional Assistant on and w.e.f 5.5.1997, within the same time on production of copy of judgment by him. 5. Insofar as the prayer on behalf of the petitioners for grant of higher pay scale of Rs.1200-2100 as Library Assistant is concerned, suffice it to say that the matter with regard to grant of pay scale in the present case is admittedly not a case of single individual and instead relates to grant of pay scales by the respondent-University to its various employees. It being so, the matter does not fall within the domain of this Court. However, the petitioners shall be at liberty to represent their case in this regard to the respondent- University, which shall take considered decision in the matter in accordance with the Rules and Regulations prevalent at the relevant time without discriminating the petitioners vis-a-vis other similarly situate employees of the University. Such representation(s) shall be made within one 5 month from today and shall be considered and finally disposed of by the University within another four months. 6. The petition stands disposed of in the above terms. (V.K. Sharma) Judge 15th November, 2010 Lsp*