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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
JYOTSNA REWAL DUA, J.
Ajay Anand @ Dole Ram – Petitioner
Versus
State of HP and Others – Respondents
CWP No. 3894 of 2020
Decided On : 26-06-2023
Recruitment and Promotion Rules, 2003 - Advertisement - Recruitment process - Impleaded as party - Application has been moved for being impleaded as party respondent to writ petition - There is no rule of universal application that vacancies must be necessarily filled up on basis of law which existed on date when they arose.
Findings of the Court:
Advertisement was issued under old R&P Rules notified in year - Advertisement was not taken to its logical conclusion - Post of Assistant Controller (Printing Offset) remained unfilled - In interregnum R&P Rules underwent change - Rather old R&P Rules were repealed - New R&P Rules were notified - In changed picture, contention of petitioner that post in question is required to be filled up under old R&P Rules (2002) cannot be accepted - There is no challenge to new R&P Rules - Learned counsel for petitioner has not been able to point out any vested right of petitioner to get recruitment process completed in terms of advertisement - When R&P Rules, on basis of which, said advertisement was issued, stand repealed and substituted by new R&P Rules, there arises no question of filling up post in either under repealed Rules or under advertisement issued under the old rules.
Result: Petition dismissed.
JUDGMENT :
JYOTSNA REWAL DUA, J.
CMP No. 4386 of 2023
1. This application under Order 1 Rule 10 of Code of Civil Procedure has been moved on behalf of one Sh. Tarsem Kumar Prashar for being impleaded as party respondent to the writ petition. Reply to the application has been filed only by respondent Nos. 1 to 3.
2. Looking into the pleadings of the writ petition, wherein reference to an earlier litigation instituted by Sh. Tarsem Kumar Prashar has been made and taking into consideration the factual averments made in the writ petition as well as grounds taken therein for seeking relief, I am of the consider view that interest of justice would be served in case the applicant is permitted to intervene in the matter. Ordered accordingly. The application to stand disposed of.
CWP No. 3894 of 2020
3. With the consent of learned counsel for the parties, the matter is taken up for disposal at this stage.
4. The petitioner seeks a direction to the respondents to fill up the post of Assistant Controller (Printing Offset) in accordance with old Recruitment & Promotion Rules (R&P Rules in short) of the year 2002 and in terms of advertisement dated 06.04.2017.
5. Facts of the case are as under:
(ii) After abolition of the H.P. Administrative Tribunal, the aforesaid original application was transferred to this Court and re-registered as CWPOA No. 1954 of 2020.
(iii) During pendency of the aforesaid original application, respondents set-out to frame new R&P Rules for the post in question. In this view of the matter, Sh. Tarsem Kumar Prashar sought permission to withdraw the CWPOA No. 1954 of 2020. This permission was accorded to him vide order dated 07.09.2020 passed in the aforesaid writ petition. The CWPOA No. 1954 of 2020 was accordingly dismissed as withdrawn on 07.09.2020. The respondents on 08.09.2020, repealed the R&P Rules notified on 12.08.2002 and brought in force the new R&P Rules, vide notification dated 08.09.2020.
(iv) The grievance of the petitioner in the instant writ petition is that he had responded to the advertisement dated 06.04.2017; he had applied for the post in question under this advertisement in the year 2017; he was within the age limit set-out in the advertisement; now the petitioner has crossed the age of 45 years. The petitioner does not fulfill the criteria laid down in the new R&P Rules, 2020. In terms of new R&P Rules, the post in question is required to be filled up 100% by way of promotion, failing which, by direct recruitment. According to the petitioner, filling up the post under the new R&P Rules would adversely affect his right. With the prayer that the post in question is required to be filled in accordance with old R&P Rules, the petitioner has instituted the present petition seeking following relief:
“(i) That in view of the above mentioned facts and circumstances mentioned hereinabove, a writ in the nature of mandamus may very kindly be issued thereby directing the respondents to fill the post of Assistant Controller (Offset) in accordance with old Recruitment and Promotion Rules and as per advertisement dated 06.04.2017.”
6. Learned counsel for the peti
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