IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 11372 of 2011-H. Decided on: December 22, 2011. Kuldip Singh, son of Late Shri Ramji Dass, R/o House No. G-13, Changar Sector, Bilaspur, District Bilaspur, H.P. ……….Petitioner. Versus 1. State of Himachal Pradesh, Tourism Development, through Principal Secretary (Revenue) to the Government of Himachal Pradesh at Shimla. 2. Deputy Commissioner, Bilaspur at Bilaspur, District Bilaspur, H.P. ……….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner: Mr. Ajay Mohan Goel, Advocate. For the respondents: Mr. R.K. Bawa, AG with Mr. Ankush Dass Sood, Addl. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) Learned counsel was given two options, either to withdraw the writ petition and file an appropriate writ petition or to pay an amount of rupees one thousand to the Munshis’ Welfare Fund. Learned counsel has opted for the latter and agreed to pay money himself and not to charge from the party. Learned counsel may pay the money to the Munshis’ Welfare Fund within two weeks from today. 2. The petitioner is a matriculate. He has been working since 1989 with the second respondent. According to the petitioner, he is due for promotion to the post of Senior Assistant and he need acquire the qualification of 10+ 2 only after 3 years of promotion, as per Annexure P-4, clarification. It is also pointed out that the petitioner is appearing in 10+2 in March, 2012. Still further, it is pointed out that Annexure P-5, R & P rules has reserved power to the 2 Government to relax the qualification in deserving cases in terms of equity and justice. According to the petitioner, since the clarification provides for an opportunity for all the incumbents up to 2011 for promotion with matriculation, it is a fit case where the Government should invoke the power in terms of equity and justice. The petitioner may file appropriate representation before the first respondent within a period of two weeks from today and thereafter the first respondent shall consider the same and take appropriate action thereon in accordance with law and justice within another three months. Steps, if any, taken for appointment to the post of Senior Assistant under the second respondent, shall be subject to the decision thus taken by the Government and it shall be so made clear in the proceedings. 3. With the above observation, the writ petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. December 22, 2011, ( Justice Rajiv Sharma), (karan/vs) Judge.