BAHADUR SINGH Vs. STATE OF H.P. AND ANR.

JUDGEMENT

(1.) THE Petitioner was appointed as Civil Defence Instructor on 5.9.1963. His appointment was with the Himachal Pradesh Home Guards and Civil Defence Organization. It is his grievance that the persons appointed subsequent to his date of appointment have been promoted as Company Commander w.e.f. 6.6.1966 and Commander w.e.f. 1970 but however such benefits have not been accorded to him.

(2.) THE petition is opposed on the ground that the Petitioner's appointment was not with the Home Guards Organization but the Civil Defence Organization. Since there were no R&P Rules in existence prior to 1.5.1971, hence the Petitioner could not have been promoted as prayed for. Regretfully, the plea taken by the State is contrary to its own action and material placed on record. Unfortunately, the Petitioner has been made to run from pillar to post and litigate due to the insensitive and callous attitude adopted by the State.

(3.) IT is not in dispute that the persons appointed subsequent to the Petitioner's appointment were actually promoted w.e.f. 6.6.1966 as Company Commander and 1.1.1970 as Commander.