Point of Law: As per Recruitment and Promotion Rules, rightful claim of petitioner cannot be permitted to be defeated by respondents at this belated stage on grounds, as have been setup in reply.

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 relief:-

“That the present writ petition may kindly be allowed and promotion order dated 26.10.2019 (Annexure P-2) and rejection order dated 28.04.2020 (Annexure P-5) may kindly be set aside and quashed in the interest of justice. Further direction may kindly be issued to respondent Nos. 1 and 2 to promote the petitioner from the date the respondent Nos. 3 to 7 has been promoted i.e. 26.10.2019 with all consequential reliefs and also arrears alongwith interest.”

2. Pursuant to the notice issued in the instant proceedings, respondent-State has filed reply, perusal whereof clearly reveals that facts, as have been noticed hereinabove, are not in dispute rather stand admitted.

3. Precisely, the case of the respondents, as has been set up in the reply and has been further canvassed by Mr. Rajan Kahol, learned Additional Advocate General is that since petitioner was not having requisite qualification in terms of Recruitment and Promotion Rules, framed by the Department for promotion for the post of Junior Engineer(Civil), his case was rightly not considered. It has been claimed on behalf of the respondents that petitioner has passed the Diploma in Civil Engineering in the year, 2014 from State of Karnataka Open University through distance education mode, which is not recognized mode as per the Recruitment and Promotion Rules.

4. With a view to substantiate aforesaid claim set up by the respondents, learned Additional Advocate General placed heavy reliance upon the judgment rendered by Hon'ble Apex Court in SLP(C) No.19851-19852/2020, titled Orissa Lift Irrigation Corporation Limited versus Rabi Sankar Patro and others, alongwith other connected SLPs, decided on 3.11.2017 as well as the advice of the Government conveyed vide letter dated 19.6.2019 in case Dharmender Kumar and others, wherein it has been held that the Diploma/Degree obtained from deemed Universities upto the year 2007-2008 can only be considered for promotion and in case through IGNOU year 2009-2010. Since in the case at hand, respondent Nos. 3 to 7 were promoted despite their having obtained Degree under distance mode, petitioner claimed parity but respondents attempted to distinguish the case of petitioner from respondent Nos. 3 to 7 by stating that respondent Nos. 3 to 7 were enrolled in their degree program prior to 2007-2008 and 2009-2010 and as such, as per advice of Government conveyed vide letter dated 19.6.2019 in case Dharmender Kumar and others, aforesaid respondents were promoted to the post of Junior Engineer(Civil). In reply, respondents have also claimed that name of petitioner is appearing at Sr. No.1421 in the final seniority list of Work Inspector category circulated vide letter No.6780-6860, dated 26.8.2019 and he will be considered for promotion upon his turn, as there are