One Shri B.L. Walia, Junior Engineer filed a writ petition against the promotion of the appellant which was seriously companytested by the respondent State.
By way of objections filed in the High Court, the promotion of the appellant was justified by stating As already stated abvoe, the respondent No.3 was working as Electrician Grade I and possessed 2 years diploma I.T.I. after Matriculation and as such he was eligible to be companysidered for the post of Junior Engineer Elect.
The Engineer in Chief Himachal Pradesh W.D. directed his reversion to the Electrician Grade I, the post held by him before his promotion.
The Office Order dated 21st July, 1986 shows that the appellant was promoted as Junior Engineer in the pay scale of Rs.700 25 850/30 1000/40 1200 purely on adhoc basis with effect from the date of his joining the said post.
The appellant was alleged to be number entitled to promotion on the basis of reservation of the post for a Scheduled Tribe candidate.
After finding that numberreservation was permissible under the Rules and Instructions relating to reservation of Scheduled Castes Tribes, the order was rectified and the appellant was reverted to his original post.
He was promoted as Junior Engineer on officiating basis vide orders dated 2nd July, 1988.
The Office Order dated 27th September, 1987 indicates that the appellant along with others was promoted on officiating basis until further orders with immediate effect in the public interest.
The claim of the appellant was resisted by the respondents on the ground that his promotion was erroneously made by way of reservation for a Scheduled Tribe candidate under the mistaken belief that such reservation was permissible for promotion from Electrician Grade I to the cadre of Junior Engineer Electrical .
Feeling aggrieved, the appellant approached the Himachal Pradesh Administrative Tribunal, Shimla hereinafter referred to as the Tribunal for quashing the impugned orders.
under sub.clause C of Rule 4 b of the Rules known as Subordinate Services Class III Junior Engineer Elect.
SETHI,J. The appellant was promoted, on adhoc basis, as Junior Engineer vide orders dated 21st July, 1986.
