Vacancies created before the enforcement of new promotion rules cannot be claimed to be filled under the old rules if judicial precedent has negated such a principle.

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(2) Petitioners are serving as Head Constable in Provincial Armed Constabulary. Next promotional post available to them is Sub Inspector/Platoon Commander. By means of this writ petition, petitioners have sought a direction to consider their claim for promotion, based on the rules which existed before enforcement of new rules. New rules were enforced on 10.3.2019. Relief sought in the writ petition is as follows:

“a) Issue a writ, order or directions in the nature of mandamus directing the respondents to consider the candidature of petitioners for promotion to the post of Platoon Commander/SI against the vacancies arising before 10.3.2019 i.e. coming into effect of Rules of 2019, as per the Rules/criterion followed prior to 10.3.2019, before considering the candidature for promotion on such vacancies, of the personnel (constables with 5 years experience), who have been made eligible to be considered for promotion only by virtue of Rules of 2019, prospectively and against the vacancies of SI/Platoon Commander, arising after 10.3.2019.”

(3) Learned State Counsel relies upon the judgment passed by this Court in WPSS No. 2513 of 2019 . He submits that the issue involved in this writ petition has been decided in that writ petition.

(4) Learned Counsel for the petitioners submits that sufficient number of vacancies, which were created before enforcement of new rules, were available, therefore those vacancies has to be filled as per the old rules and the new rules cannot have any application in respect of those vacancies.

(5) Since Hon’ble Supreme Court in the case of State of Himachal Pradesh & Others v. Raj Kumar & Others, reported as 2022 SCC OnLine SC 680, has negatived similar argument, therefore, there is no scope for interference in the matter.

(6) Since identical issue has been decided by this Court in WPSS No. 2513 of 2019 , therefore, this writ petition is also decided in terms of the judgment dated 18.10.2022, passed in WPSS No. 2513 of 2019 . However, petitioners shall be at liberty to make representation to respondent no. 4 within three weeks from today. If such representation is made within stipulated time, decision thereupon shall be taken, as per law, within three months from the date of presentation of certified copy of this order along with the representation.