R.S. Pathak, C.J. - (1.) By this writ petition the Petitioner, who is a Superintendent in this Court, prays for a direction requiring the Registrar of this Court to send up his name for consideration for promotion to the Himachal Pradesh Administrative Service.
(2.) The Petitioner was appointed a Junior Grade Clerk in the Court of the Judicial Commissioner on March 12, 1949. In October, 1956 he was promoted to the post of Senior Grade Clerk. When the jurisdiction of the Delhi High Court was extended to the Union territory of Himachal Pradesh on May 1, 1967, the Court of the Judicial Commissioner was abolished and the Petitioner was posted as a Reader in the Delhi High Court. On January 25, 1971 the State of Himachal Pradesh was constituted, and this Court came into existence. On May 11, 1971 the Petitioner was appointed Superintendent in this Court. He was confirmed in that post by an order dated September 7, 1973 with effect from October 31, 1971.
(3.) Originally, when Himachal Pradesh was still a Union territory, promotion to the Delhi and Himachal Pradesh Civil Service was governed by the Delhi and Himachal Pradesh Civil Service Rules which came into force on March 15, 1961. They provided for recruitment from the cadre of Superintendents. That is clear from Rule 5(b)(ii), read with Schedule II, Part B, Item 4. It is not disputed that Superintendents in the High Court were eligible for promotion. These rules were subsequently replaced by the Delhi, Himachal Pradesh and Andaman and Nicobar Island Civil Service Rules, 1965, which came into effect from December 1, 1965. As in the previous rules, Superintendents in the High Court were also eligible for promotion to the Delhi, Himachal Pradesh and Andaman and Nicobar Island Civil Service. The position continued so until the enactment of the Himachal Pradesh Administrative Service Rules which constituted the Himachal Pradesh Administrative Service. Rule 7(1) defined the sources of recruitment for appointment to the service. It provided: 7(1) Appointment to the service against the vacancies in the service shall be made in the following manner: (a) 50 per cent by direct recruitment; (b) 22 per cent from the Tehsildars who are substantively borne on the cadre of Tehsildars and have two years continuous service in the grade both officiating and substantive; and (c) 28 per cent from the substantive holders of the following categories of posts who have two years continuous service in the grade both officiating and substantive: (1) Block Development Officer. (2) District Panchayat Officer. (3) District Industries Officer. (4) Sec. Officer of the Himachal Pradesh Secretariat. (5) District Welfare Officer/District Probation Officer. (6) District Co -operative and Supplies Officer of the departmental cadre. (7) Excise and Taxation Officer of the departmental cadre. (8) Regional Manager (Transport) of the departmental cadre. Provided that the incumbents of the posts of Assistant District Industries Officer, Superintendent of the Subordinate Offices, Superintendents of the High Court and the Courts subordinate thereto, Assistant Director of Welfare and Assistant Development Commissioner, holding such posts substantively immediately before the commencement of these rules and have two years continuous service in the grade, both officiating and substantive, shall also be eligible for appointment to the service. (2) For purposes of calculating vacancies according to the percentages as prescribed in Sub -rule (1), the duty posts held either substantively or on probation in a regular manner before the commencement of these rules by the Himachal Pradesh Administrative Service Officers, shall be excluded; Provided that the posts available against direct quota on the commencement of these rules, shall be filled over a period of four years.;