Consequential benefits from promotion notification include higher promotions from dates juniors promoted; department bound to full implementation post single cadre, without u-turn on eligibility.

JUDGMENT :

Jiya Lal Bhardwaj, J.

The petitioner by way of the present petition has prayed for the following substantive reliefs:-

“i) That the action of the respondents whereby the petitioner has been denied complete benefits flowing out of notification dated 07.07.2000, Annexure P-12 may be held illegal;
ii) That the respondents may be directed to implement the notification dated 07.07.2000, Annexure P-12 in its letter and spirit and petitioner may be granted consequential promotions to the post of Deputy Director, Joint Director, Additional Director and finally Director Agriculture from the date persons junior to the petitioner were allowed such promotions. It may be directed that the promotion orders be issued with all consequential benefits;”

2. As per the pleadings in the writ petition, the petitioner was appointed on 05.09.1966 as Chemist Ghee Grading in the respondent-Department under the Union Territory of Himachal Pradesh. His appointment was made against direct recruitment quota.

3. As per the Recruitment and Promotion Rules prevalent, the essential qualification for the post of Chemist Ghee Grading was B.Sc. (Agriculture) and the petitioner was having the said qualification. Further, the post of Agriculture Inspector was the feeder post for promotion to the post of Chemist Ghee Grading.

4. It is pleaded in the petition that one Sh. Y.P. Gupta, who was appointed as Agriculture Inspector in the year 1971 with the respondent-Department, was admittedly junior to the petitioner.

5. Subsequently, the post of Chemist Ghee Grading was made feeder post to the post of Assistant Soil Chemist and the petitioner became eligible to be promoted as Class-II Officer (i.e. Assistant Soil Chemist) etc.

6. Later on, vide Notification dated 26.02.1975 (Annexure P-2), the petitioner was appointed as Assistant Soil Chemist for a period of six months only or till such time, as the posts were filled in regularly. In sequel to the said Notification, the petitioner joined his duties on 07.03.1975.

7. It has been averred that though the petitioner was fully eligible to be promoted on regular basis as Class-II Officer i.e. Assistant Soil Chemist, but he was appointed only for a fixed period of six months. It has further been averred that the Recruitment and Promotion Rules for the post of Chemist Ghee Grading were amended and M.Sc. Soil Sciences/Agriculture was made essential qualification and Sh. Y.P. Gupta was appointed by way of Direct recruitment as Chemist Ghee Grading in the respondent-Department. Thereafter, he was promoted on ad-hoc basis on the newly created post of Analytical Chemist, Class-II post. The Recruitment and Promotion Rules were amemded with a view to favour the said Sh. Y.P. Gupta. Thereafter on 14.10.1977, 13 more persons, who were junior to the petitioner, were promoted against Class-II posts, on regular basis and this time too, the petitioner was not considered.

8. The petitioner was reverted to the post of Chemist Ghee Grading. Feeling aggrieved by such orders, the petitioner had preferred a writ petition along with other persons which was registered as CWP No. 134 of 1977 and this Court while decidi