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COPC No.329 of 2011 Decided on: 23.11. 2012

Dharam Pal son of late Sh. Ram Chand, resident of Bag Chowki, P.O. Kuthera, Tehsil and District Hamirpur, H.P.

Versus Sh. Shrikant Baldi, Secretary (Education) to the Government of Himachal Pradesh.
Respondent. _______________________________________________________ Coram: Honble Mr. Justice Kurian Joseph, Chief Justice. Honble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1
For the Petitioner :

Mr. B.C. Verma , Advocate.

For the Respondent : Mr. Ankush Dass Sood, Addl. A.G.

Mr. Adarsh Sharma, Advocate for the intervener. _________________________________________________________

Per Justice Rajiv Sharma, J. In sequel to order dated 14.9.2012, supplementary affidavit has been filed on the affidavit of Secretary (I&PH) to the Government of Himachal Pradesh. It is

evident from the contents of supplementary affidavit that

Whether reporters of the local papers may be allowed to see the judgment?

there are 201 posts of Junior Engineers (Civil) lying vacant in the I&PH Department. All the posts from the feeder category are already filled up by way of promotion and now the vacancies are to be filled up by direct recruitment. These vacancies could not be filled up due to non-clearance by the Finance Department due to financial constraints. 133 number of vacancies has

been cleared by the Government and are being filled up form various recruiting agencies. 68 vacancies are also still to be filled up from the quota meant for direct recruitment. 2. The Department has also taken up the case

for one time relaxation for filling up of 24 posts of Junior Engineer (Civil) from promotion against direct

recruitment with the State Government. The Cabinet has approved the same. 3. and As far as the amendment in the Recruitment Rules the is concerned, that the it has been for

Promotion in




amendment in the Recruitment and Promotion Rules for enhancement of quota of Surveyors and Work Inspectors from 15% to 25% on the analogy of Public Works Department is under consideration of the Government and is still to be approved by various advisory



In view of above, the petition is disposed of

with a direction to the respondent to fill up the posts as undertaken in the affidavit within a period of three months from today and also to complete all the codal formalities for amendment in the Recruitment and Promotion Rules for enhancing quota of Surveyors and Work Inspectors from 15% to 25% within a period of six months from today.
(Justice Kurian Joseph), Chief Justice.

(Justice Rajiv Sharma), Judge. 23.11. 2012 *awasthi*