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2023 Supreme(HP) 58

SANDEEP SHARMA
Narender Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Mr. H.K.S. Thakur.
For the Respondents: Mr. Rajan Kahol and Mr. B.C. Verma.

JUDGMENT :

[Sandeep Sharma, J.]

1. Petitioner was initially engaged as daily wage Work Inspector in the respondent-Department, however, after completion of requisite number of years, his services were regularized as Work Inspector vide order dated 23.10.2007 in terms of the policy of regularization dated 9.6.2006 framed by the Government of Himachal Pradesh, which provides for regularization of daily wage employees after completion of eight years of service with 240 days in each calendar year with cutoff date as 31.3.2004. Though, petitioner after having become regular employee became eligible for promotion to the post of Junior Engineer (Civil) in terms of Recruitment and Promotion Rules for the post of Junior Engineer, but he was not considered on the ground that he does not possess requisite qualification. Diploma in Civil Engineering obtained through distance mode by the petitioner was not recognized. Though, petitioner filed representation, but fact remains that no heed was paid to the request made by the petitioner and as such, he was compelled to approach this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following

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