IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No.677 of 2020 Decided on: 28.05.2025 __________________________________________________________ Parvesh Kumar & Others ...Petitioners Versus State of HP & Others ...Respondents Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge Hon’ble Mr. Justice Ranjan Sharma, Judge

1Whether approved for reporting?. Yes.

For the petitioners: Mr. Onkar Jairath, Mr. Anshul Jairath and Mr. Piyush Mehta, Advocates.

For the respondents: Mr. Ramakant Sharma &

Mr. Vishav Deep Sharma, Additional Advocates General with Ms. Seema Sharma & Mr. Balvinder Singh Deputy Advocate General, for respondent No.1-State.

Mr. Raman Jamalta, Advocate, for respondents No.2 & 3-HRTC.

Ranjan Sharma, Judge Petitioner, Parvesh Kumar and four others, who are working as Technician Grade-II, are claiming promotion/appointment as Junior Technical Officers [Foreman Grade-II], have come up before this Court seeking following reliefs:-

“I. That the Advertisement No.6/16 dated 1 Whether reporters of Local Papers may be allowed to see the judgment?

10.10.2016 whereby the respondent-Corporation has initiated the recruitment process for the appointment/selection of Junior Technical Officer (Foreman Grade-II) may kindly be quashed and set aside.

II. That the respondent-Corporation may further be directed to promote/appoint the applicants on regular basis against 15% posts of Junior Technical Officer (Foreman Grade-II) having Diploma in Mechanical/Automobile Engineering.”

FACTUAL MATRIX:

2. Case of the petitioners is that they joined services as a Junior Technicians in respondent No.2-Corporation in the years 1996 to 2000, thereafter they were promoted to posts of Junior Technician Grade-II in the Corporation, during the period from 2007 to 2014. The petitioners also possessed three years Diploma in Mechanical Engineering [Lateral Entry/Automobile Engineering] also.

Based on the qualification of Diploma in Mechanical/Automobile Engineering, the petitioners submitted representation to respondent No.2- Corporation for giving promotion to them in the promotional cadre of Foreman. The representation submitted by the petitioners was responded to by the Respondent-Corporation on 02.12.2015 [Annexure A-7]

on the ground that there is no provision/relaxation for Diploma Holders for promotion to post of Foreman in the existing Rules. However, it was stated that in the proposed Rules, 15% posts of Foreman Grade-II will be filled-up by limited direct recruitment from amongst Technicians having Degree/Diploma in Automobile Engineering/Mechanical Engineering or its equivalent and as soon as these Rules are modified, the necessary action will be taken.

It is the case of petitioners that instead of notifying the Rules in terms of the proposal by inserting 15% quota by LDR for Technicians having Degree/Diploma in Automobile/Mechanical Engineering or equivalent on 02.12.2015 [Annexure A-7], the Respondent-Corporation had advertised 44 posts of Junior Technical Officers [Foreman Grade-II] on contract basis on 10.10.2016 [Annexure A-9] which was alleged to be unfair, arbitrary and unsustainable.

PROCEEDINGS BEFORE ADMINISTRATIVE TRIBUNAL AND THIS COURT:

3. Petitioners filed an Original Application No.6126 of 2016 before State Administrative Tribunal in which notices were issued to the respondents on 23.11.2016 with directions to file reply. Pursuant to the directions of the State Administrative Tribunal, the Respondents No.2 & 3-Himachal Road Transport Corporation filed a reply-affidavit dated 26.12.2016 of Regional Manager (Legal) HRTC Shimla. Respondent No.1-State adopted the reply filed by Respondent No.2 & 3-Corporation. Rejoinder was filed by the petitioners in July, 2017. Upon abolition of State Administrative Tribunal in December, 2019, the matter was transferred to this Court and was registered as CWPOA No.677 of 2020. Upon listing of the matter before this Court on 01.12.2020 the matter was admitted and thereafter taken up on various dates.

STAND OF RES