IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP-T No. 5265/2008 Decided on:23.6.2010 _____________________________________________ Paras Ram and others. …Petitioners. Versus State of Himachal Pradesh and others. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 Yes. For the petitioners : Mrs. Ranjana Parmar, Advocate. For the Respondents: Mr. P.M. Negi, Dy. Advocate General. _____________________________________________________ Rajiv Sharma, Judge (oral). Petitioners were engaged as Fitter Grade-II on daily wage basis with effect from 21st October, 1978. They were regularized as Pipe Linemen with effect from 1994. Case of the petitioners, in a nutshell, is that they should be considered for promotion for the post of Fitter Grade-II. Precise case of the respondent-State is that there are no Recruitment and Promotion Rules governing the posts of Pipe Linemen and Fitter Grade-II. State Government has taken a policy decision 1 Whether reporters of the local papers may be allowed to see the judgment? Yes. 2 vide Annexure A-6 dated 5.4.1986. The text of letter dated 5.4.1986 reads thus: “A copy of letter No.VH/WUD/HC-P-153 dated 4.4.1986 from the General Secretary the Vishal HPPWD Workers Union Palampur on the subject noted above is sent herewith for information and necessary action. The cases of lineman/fitters/collies, who are working on the work charge basis for the last so many years may please be considered for promotion to the post of fitter against the work charged allocated posts, and the vacancies caused due to the promotion from the post of fitter collies/linemen may be filled in from the fitter working on daily wages basis.” Consequent to Annexure A-6, respondent- Department has made promotions to the post of Fitter Grade-II from the feeder category of Pipe Linemen. The promotions were made vide office order dated 24.8.1991 and 25.9.1991. The representations made by the petitioners were not addressed to. It is not necessary for making appointment/promotion that there should be Recruitment and Promotion Rules framed under Article 309 of the Constitution of India. The appointment and promotion can be regulated on the basis of administrative/executive instructions. Accordingly, in view of the observations made hereinabove, the petition is allowed. Respondents are directed to consider the case of the petitioners for promotion to the post of Fitter Grade-II on the basis of Annexure A-6 3 dated 5.4.1986 within a period of eight weeks from the date of production of copy of this judgment. In case the petitioners are found suitable for promotion and promoted, they shall be entitled to all the consequential benefits. No costs. (Rajiv Sharma), Judge 23.6.2010 *awasthi*