IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No.6072 of 2020 Announced on:28.05.2025 ____________________________________________________________

Surinder Kumar Sharma …Petitioner Versus State of Himachal Pradesh & Ors. …Respondents Coram:

Hon’ble Mr. Justice Vivek Singh Thakur, Judge Hon’ble Mr. Justice Ranjan Sharma, Judge

1 Whether approved for reporting? Yes.

For the petitioner: Mr. Vishwa Bhushan, Advocate, and Ms. Anuja Mehta, Advocate.

For the respondents: Mr. Baldev Singh Negi and Mr. Vishav Deep Sharma, Additional Advocate General with Ms. Seema Sharma, Deputy Advocate General for respondent Nos.1 and 2.

Mr. Vikrant Thakur and Mr. Shubham Singh Guleria, Advocates, for respondent No.3.

Ranjan Sharma, Judge Petitioner, Surinder Kumar Sharma, working as Computer Operator in Regional Training Centre, Himachal Pradesh Institute of Public Administration has come up before this Court seeking the following

1 Whether reporters of Local Papers may be allowed to see the judgment?

reliefs:-

“(i) That proposed/draft R&P Rules for the post of Manager (IT) Class-II (Non-Gazetted) Annexure-A/7 and letter dated 19.04.2018 (Annexure-A/13) issued by the respondent No.2 may kindly be quashed.

(ii) That the respondents may kindly be directed to finalize the proposed/draft R&P Rules for the post of Manager (IT) Class-II (Non- Gazetted) Annexure-A/5 whereby the post of Manager (IT) Class-II (Non-Gazetted) has been proposed to be filled up 100% by promotion from amongst the Computer Operator forthwith.

(iii) That the respondents may kindly be directed to promote the applicant to the post of Manager (IT) Class-II (Non-Gazetted), along with all consequential benefits.”

FACTUAL MATRIX

2. Case as set up by Learned Counsel is that after passing his 10+2 and Diploma in Computer Application [DCA] the petitioner was appointed as a Computer Operator at Regional Training Centre at Dharamshala on adhoc basis on 21.08.1990 [Annexure A-1], in pay scale of Rs.1,500–2640, initially for a period of six months but this appointment continued and later in terms of the policy issued by the State Government, the respondents on the recommendations of Screening Committee regularized the petitioner as a Computer Operator on 13.03.2003 [Annexure A-2] w.e.f. 30.11.1996. While working as such, the petitioner improved his qualification and he passed Masters [M.A.] in Public Administration in the year 2000 and then passed M.Sc. in Computer Science in the year 2006.

2(i). While the petitioner was working as a Computer Operator on regular basis, the respondent No.1 issued a communication dated 05.08.2006 vide Annexure A-3, creating one post of Manager [IT] on regular basis in pay scale of Rs 6400–10640 in Himachal Pradesh Institute of Public Administration for strengthening its IT Centre. While creating the aforesaid post of Manager [IT], the respondent No. 1 directed the Respondent No.2-Director, HIPA, Shimla, to prepare the Recruitment and Promotion Rules [R&P Rules], for the post of Manager [IT] immediately and also to furnish a report to Principal Secretary [Training] within 10 days.

2(ii). As a sequel to creation of the post of Manager [IT] on 05.08.2006, Respondents No.1 and 2 initiated the process for framing the R&P Rules for the post of Manager [IT] [Non-Gazetted]. Notably, the Draft R&P Rules dated 25.03.2007 {Annexure R-IV} {referred to as Draft Rules} for post of Manager [IT] were forwarded by Respondent No. 2 to Respondent No.1. As per the Draft Rules the respondent No.2 addressed a communication to respondent No.1 on 28.02.2008 [Annexure A-4], that in view of the Draft Rules, the present incumbent-petitioner may be considered for promotion to the post of Manager [IT] on adhoc basis till Draft Rules were finalized by the respondents.

2(iii). Though the Draft Rules dated 25.03.2007 [Annexure R-4], were duly furnished to respondent No.1 on 28.02.2008 [Annexure A-4], with the request to consider the petitioner for adhoc promotion as per Draft Rules till these Rules we