ORDER :

1. By way of instant petition filed under Article 226 of the Constitution of India, petitioner has prayed for the following main reliefs:

(i) That a writ in the nature of certiorari may very kindly be issued thereby quashing and sting aside Annexure P-9, i.e. Recruitment and Promotion Rules, for the post of Statistician, to the extent, in clause 7, qualification of M.A. Public Administration has been removed and also to the extent whereby in Clause-8, educational qualification has been made applicable in the case of promotees.

(ii) That a writ in the nature of mandamus may very kindly be issued thereby directing the respondents to promote the petitioner to the post of Statistician from the year 1999, when she was eligible as per proposed Recruitment and Promotion Rules (Annexure P-4) with all consequential benefits of pay fixation, arrears, seniority etc. etc.

(iii) That the respondents may very kindly be directed to assign correct seniority to the petitioner, after promoting her as Statistician from the date other Statistical Assistants were promoted vide Annexure P-8.

(iv) In the meantime, if aforesaid prayers do not find favour with this Hon’ble Court, it is prayed that respondents may be directed to consider the case of the petitioner for promotion to the post of Statistician by relaxing the Recruitment and Promotion Rules (hereinafter ‘proposed Rules’) in her case, keeping in view the fact that she would retire in three years, without getting even a single promotion.

2. Precisely, the facts as emerge from the record are that on 18.8.1988, petitioner was appointed as Statistical Assistant in the Directorate of Education (HP) in the pay scale of Rs. 570-1,080 and was posted in the office of District Education Officer, Solan. In January, 1996 and July, 1997, respondent-department proposed to fill up six posts of Statistician on deputation basis from other departments and one more post of Statistician in the pay scale of Rs. 2,000-3,500/-.

3. Being aggrieved and dissatisfied with the afore decision of the respondent-State, one Naresh Kumar, Statistical Assistant, approached erstwhile Administration Tribunal by way of O.A. No. 142 of 1996, which was disposed of vide order dated 16.10.1996, (Annexure P-5). Erstwhile Tribunal vide aforesaid order, directed the respondents to fill up the posts of Statisticians by way of promotions of Statistical Assistants working in the Education Department, on the basis of proposed draft Rules, because at the relevant time, Rules for the post of Statistician had not been framed. In the aforesaid order, erstwhile Tribunal observed that, “In the light of all this, it seems reasonable that the post should be filled up from the departmental candidates on the proposed draft R&P Rules as they are in conformity with the Rules of Statistical Officers of the Education Department which carries the scale of Rs. 2,200-4,000 and it is to be filled up from the eligible Statistical Assistants having five years of service.”

4. On 6.2.1996, proposed Rules for the post of Statistician were sent by the Education Department for approval, wherein clause 7 provided as under:

“Minimum Educational and Other qualifications, required for direct recruits” Master’s Degree in Economics/Statistics/Mathematics/Commerce/Public Administration. Vide Communication No. EDN-H (PRY)-4-4-335-97 dated 9.7.1997 and 25.7.1997, Director Primary Education sponsored names of Statistical Assistants for promotion as Statistician as per proposed/draft Rules in terms of the order dated 16.10.1996 passed by erstwhile Tribunal in O.A. No. 142 of 1996. Vide notification dated 25.5.1999, respondents promoted the Statistical Assistants to the post of Statistician in the pay scale of Rs. 6,400-10,640 on ad hoc basis but the petitioner, who at the relevant time was also eligible, was ignored. Petitioner alongwith similarly situate persons filed O.A. No. 1684 of 2002, laying therein challenge to the action of the respondents, inasmuch as they ignored