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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Manohar Lal – Appellant
Versus
H.P. State Industrial Development Corporation (HPSIDC) – Respondent
JUDGMENT :
Ranjan Sharma, J.
Petitioner, Manohar Lal, had filed CWP No.5733 of 2014 before this Court and upon establishment of State Administrative Tribunal, the matter was transferred to the Tribunal and now upon its abolition, the same has been transferred to this Court, as CWPOA No.4494 of 2019, seeking the following relief(s):-
“(i). That the writ of mandamus may kindly be issued directing the respondents Corporation to promote the petitioner for the post of Junior Engineer w.e.f. the juniors are promoted.”
2. Case set up by Learned Counsel is that the petitioner possesses the Diploma in Agricultural Engineering from Government Polytechnic Sirsa Haryana and he was engaged as a Daily Waged Supervisor in Respondent-Corporation. It is averred that on 01.10.2009, the petitioner submitted a representation for considering his case for promotion to the post of Junior Engineer from the feeder cadre of Supervisor [re-named as Work Inspector] but the case was rejected on 19.02.2010 [Annexure P-4] on the ground that no vacant post of Junior Engineer was available.
2(i). Feeling aggrieved against the Rejection Orders dated 19.02.2010 [Annexure P-4] the petitioner submitted a representation on
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
The main legal point established in the judgment is that the requisition for promotion to the post of Assistant Engineer (Civil) was sent in compliance with the statutory rules, and the Rules, 1968 p....
Promotion eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
Institution of Civil Engineers (India) also conducts Associate Membership Examination and degrees and the degrees of AMICE obtained from Institution of Civil Engineers (India) are considered equivale....
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.
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