Per Rajiv Sharma, Judge.

Petitioners are working as Associate Professor and Assistant Professors in the Department of Radiology, I.G.M.C. Shimla. Respondent-State has decided to down grade one post of Professor and one post of Associate Professor in Radiology Department and one post of Associate Professor to Assistant Professor in Skin and VD vide notification dated 28.2.2012. Petitioners are aggrieved by the issuance of notification dated 28.2.2012.

2. Mr. Ajay Mohan Goel has vehemently argued that the action of the respondent-State to down grade the posts vide notification dated 28.2.2012 is illegal, arbitrary and unreasonable, thus, violative of Articles 14 and 16 of the Constitution of India. According to him, the notification dated 28.2.2012 is outcome of colourable exercise of power and is also actuated with legal/factual mala fides. He also contended that respondent-State has not taken any steps to fill up these posts by way of direct recruitment, if candidates were not eligible for promotion as per Recruitment and Promotion Rules.

3. Mr. Ramesh Thakur, learned Assistant Advocate General, Mr. Vinay Kuthiala, learned Sr. Advocate, Mr. B.C. Negi, Mr. Bimal Gupta and Mr