IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 9102 of 2008 Date of decision: 08.03.2011 ________________________________________________________________ Om Parkash. .....Petitioner. Versus The State of H.P. & another. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: None for the petitioner, though served. For the respondents: Mr. J.S. Guleria, Asstt. AG. V.K. Sharma, J. (Oral). None appears for the petitioner, though duly served. 2. The petition has been filed on the following prayer: “That the respondents may be directed to consider the case of the applicant for his promotion to the post of Junior Engineer (Civil) in the available vacancy caused due to withdrawal of the promotion order of Sh. Datt Ram, Work Inspector, and to promote him retrospectively, from the date said Sh. Datt Ram was promoted and to grant the arrears of pay resulting therefrom alongwith interest at the rate of 15% per annum from the date due till the actual date of payment thereof.” 3. In reply, the respondents have taken the following stand by way of preliminary submissions: “The present original application is not maintainable and deserve to be dismissed in limine as the adhoc promotion to the post of Junior Engineer with respect to Shri Dutt Ram who was assigned the seniority in advertently, has been withdrawn. It is stated here that Dutt Ram was one step about the last man promoted, whereas the present applicant was three 1 Whether reporters of Local Papers may be allowed to see the judgment? No. ...2... steps lower to Shri Dutt Ram, hence do not find any place for the adhoc promotion to the post of Junior Engineer instead of Dutt Ram. There are still three persons above the applicant who are first to be considered for promotion at present, hence the present original application does not lie at all. Moreover, promotion to the post of Junior Engineer was made purely on adhoc basis as the R & P Rules were under amendment with the Government which is still under dispute in O.A. 1387/98 as contempt petition has been moved against these Adhoc promotions. Now the Govt. has finalized the R&P rules, therefore, the promotions will now be made on regular basis in future as and when permission is granted by the Hon'ble Tribunal. The adhoc promotions does not confer any right of seniority etc., therefore, the present application deserve to be dismissed in limine as the applicant has no cause of action to maintain the same.” 4. Rejoinder, refuting the above stand on behalf of respondents and reiterating the averments set up in the petition, has been filed. 5. In view of the above reply, in case the petitioner still has any surviving grievance with regard to the factual and legal position, he may certainly point out the same before the respondents/competent authority by way of appropriate representation alongwith copy of this judgment within one month from today, who shall consider the same and take a final decision in the matter in accordance with law within next three months after affording an opportunity of being heard to the petitioner, if so desired. 6. In view of the above, the petition stands disposed of, so also pending CMP(s), if any. Copy dasti. (V.K. Sharma) Judge 8th March, 2011 (virender)