STATE OF HP Vs. UJJAGAR SINGH

JUDGEMENT

(1.) HEARD counsel for the parties. As short question is involved, the appeal is taken up for final disposal forthwith, by consent.

(2.) THIS appeal takes exception of the decision of the learned Single Judge dated 12th November, 2010 passed in CWP (T) No. 5412 of 2008. The respondent/writ petitioner filed writ petition claiming similar benefit as given to his juniors, respondents No. 3 and 4 in the writ petition w.e.f. 1997. No doubt, the learned Single Judge has accepted the claim of the respondent/writ petitioner and issued direction to the appellants to consider the case of the respondent/writ petitioner for promotion as Horticulture Development Officer w.e.f. August, 1997, the date on which he had admittedly acquired the requisite minimum qualification of B.Sc Agriculture with Horticulture as one of the subjects, which was the requirement even under the amendment contemplated in the R&P Rules.

(3.) THE respondent/writ petitioner on the other hand would contend that the Department was obliged to consider the case of the petitioner on the basis of unamended Rules for the simple reason that the proposed amendment came into force only after publication of notification on 4th January, 1997. In that case, the writ petitioner would be eligible for being considered for promotion even in the DPC held on 4th January, 1997 itself.