WRIT PETITION 11 of 2003 on 11 September 1976

1. CWP No. 374 of 2002-C

Sh. R.K. Dogra son of Sh. Krishan Chand Dogra, presently working as Superintending Engineer, IEC-cum-HRD Cell, Jalbhawan, Kasumpati, Shimla-171009 H.P.

.......Petitioner

Versus

1. State of Himachal Pradesh through Secretary (PW) to the Govt. of Himachal Pradesh, Shimla-171002. Himachal Pradesh, Shimla-171002.

2. Engineer-in-Chief I&PH Department, U.S. Club Shimla.

3. Sh. Devinder Kumar Gupta, Superintending Engineer I&PH Circle, Rohroo Distt. Shimla, H.P. Rohroo Distt. Shimla, H.P.

4. Sh. Kuldip Singh, Superintending Engineer (Designs) I&PH, Central Zone, Mandi, Distt. Mandi, H.P. Zone, Mandi, Distt. Mandi, H.P.

5. Sh. Vinod Kumar Goel, superintending Engineer P&1-II, Jalbhawan Kasumpati, Shimla-171009, H.P. Kasumpati, Shimla-171009, H.P.

6. Sh. Bishambar Dass, Superintending Engineer, I&PH Circle, Shah Nehar. Nehar.

.......Respondents.

CWP No. 11 of 2003-D

State of Himachal Pradesh through Secretary (PW) to Government of Himachal Pradesh.

…..Petitioner

Versus

Sh. R.K. Dogra, Executive Engineer, Irrigation & Public Health Division, Rohru, District Shimla, H.P.

….Respondent.

____________________________________________________________________________

Coram

The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge.

For the petitioner : Ms. Ranjana Parmar, Advocate in CWP No. 374 of 2002 and for respondent in CWP No. 11 of 2003. For the Respondents : Mr. R.K. Bawa, Advocate General with Mr.

J.K. Verma, Deputy Advocate General, for respondent-State and for the petitioner in CWP No. 11 of 2003.

------------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral)

The writ petitions are filed by both employee and employer, challenging the order passed by the Tribunal. The issue pertains to promotion to the post of Assistant Engineer from due date and for consequential reliefs. In the nature of order we propose to pass in these cases, it is not necessary for us to go to the factual details.

2. Learned Deputy Advocate General has made available a written communication from the Under Secretary (PWD) dated 27.3.2012, which is taken on record and wherein, it is stated that the matter is covered in principle by the decision of this Court in CWP No. 548 of 2000 and other connected matters. The Division Bench of this Court has held and it has become final also that direct recruits prior to 11.9.1976 cannot be affected by the subsequent amendments. Therefore, there will be a direction to the Principal Secretary (IPH) to extend the similar treatment to the petitioner Sh. R.K. Dogra. The consequential monitory benefits shall be given to Sh. R.K. Dogra as given to his counter part in the PWD Department within two months from the date of production of a copy of this judgment by the petitioner before the Principal Secretary (IPH) alongwith copy of the written instruction.

3. The writ petitions are disposed of, so also the pending application(s), if any.

(Justice Kurian Joseph), Chief Justice

10[th] April, 2012. (kck)

(Justice Dharam Chand Chaudhary), Judge. Judge.