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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 9048 OF 2011

STATE OF HIMACHAL PRADESH

…APPELLANT(S)

VERSUS

HARNAM SINGH GULERIA

…RESPONDENT(S)

O R D E R

1.

The challenge in the present appeal is to an order passed by the High

Court of Himachal Pradesh on 14.10.2009, whereby the writ petition

filed by the respondent, who was a member of the Himachal

Administrative Service (H.A.S.), was allowed.

2.

The respondent was appointed as Tehsil Welfare Officer on

19.04.1979 after his discharge from Army. He was promoted as a

District Welfare Officer on 19.04.1986. Thereafter, he was inducted in

the H.A.S. on 10.03.1997 in accordance with the provisions of the

Himachal Pradesh Administrative Service Rules, 1973¹ and assumed

charge on 29.01.1998. The respondent was more than 50 years of

age but less than 55 years when he joined service as an H.A.S.

Officer.

3.

The service conditions of the respondent are governed by the

Administrative Rules framed in exercise of powers conferred under the

proviso to Article 309 of the Constitution of India. There are

Departmental Examination Rules, 1976, which were also framed in

1For short, the ‘Administrative Rules’

Digitally signed by

DEEPAK SINGH

Date: 2022.08.17

16:39:16 IST

Reason:

Signature Not Verified

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exercise of powers conferred under proviso to Article 309 of the

Constitution of India. Such Rules have since been repealed by the

Himachal Pradesh Departmental Examination Rules, 1997². These

Rules are applicable to various services in the State, including the

Members of the Himachal Pradesh Administrative Service in terms of

Rule 2(2)(i) of the Examination Rules. The relevant Rule reads thus:

“NOTIFICATION

No. Per. (Trg.) B (I2)-40/95, dated Shimla-2, the 13^th March, 1997

1.

xxx

xxx

xxx

2.Commencement Application: (1) xxx

xxx

xxx

(2) These shall govern the

Departmental Examinations in

respect of-

(i) The members of Himachal

Pradesh Administrative Services;

(ii) The members of Himachal

Pradesh Forest Services;

(iii) Tehsildars and Naib-Tehsildars;

(iv) All other gazetted officers

working in connection with the

affairs of the State of Himachal

Pradesh not included in Clauses (i)

to (iii) above;

(v) Superintendent grade-II and Sr.

Assistants of H.P. Govt. (Non-

Gazetted) and

(vi) All such other Non-Gazetted

officials who have put in not less

than 10 years of regular service in

connection with the affairs of the

State of Himachal Pradesh whose

next promotion or placement as and

when it takes place than put them in

a Gazetted rank.

(vii) Any other class or category of

officers which may be included by

the Government from time to time.”

2For short, the ‘Examination Rules’

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4.

The respondent could not qualify the departmental examination as

provided in the Examination Rules; therefore, he was not granted the

benefit of second and subsequent increment(s). He submitted a

representation for exemption to appear in the departmental

examination. Such representation was declined on 19.08.1999 on the

ground that an officer appointed to the service prior to the attainment

of age of 55 years shall have to pass the departmental examination

for the purpose of release of second and subsequent increment(s).

Aggrieved by such decision of the State Government, the respondent

filed an Original Application under Section 19 of the Administrative

Tribunal Act, 1985 before the Himachal Pradesh State Administrative

Tribunal³.

5.

The Tribunal dismissed such application on the ground that exemption

from qualifying the departmental examination is available to an officer

who is appointed from Register A-I or Register A-II and who on the

date of appointment, had attained the age of 55 years, but other

members of the H.A.S. are required to qualify the departmental

examination. Thus, the respondent having entered the H.A.S. when

he was le