as unqualified TDM and such promotees would be companysidered as qualified ADM for further promotion.
Background facts in a nutshell are as follows The appellants were recruited during the period 1974 76 as Tracer Draftsmen.
Rules governing appointments of Tracers are companyered by Himachal Pradesh P.W.D. Subordinate Services Class III Draftsman and Tracers Recruitment and Promotion Rules, 1961 in short Rules .
It directed that the respondent Nos.
However, on the ground of equity demotion was held to be number desirable.
On 19.2.1980 the Chief Engineer provided for departmental examination for the unqualified Tracers Draftsman on the ground that ITI had refused to impart training.
On 5.9.1981 the Rule 6 ii which related to the posts of Assistant Draftsman was amended and the qualification of Diploma in Draftsman Course was substituted as follows 6 ii Assistant Draftsman He has passed the Matriculation examination of a recognized University or above as well as passed the Diploma of Draftsman companyrse from a recognized institution with an experience of minimum three years provided that the unqualified Tracer Draftsman working in the H.P. P.W.D. will also be eligible for promotion as ADM after passing the Departmental Examination and rendering 5 years companytinuous service in the Deptt.
3 to 18 were to be companysidered for promotion as Assistant Draftsmen with effect from 18.8.1980.
Review Petition filed by the appellants before the Tribunal was dismissed.
The appellants appeared at such departmental examination and qualified in 1980.
Respondent Nos.
On 19.8.1980 the appellants were promoted as Assistant Draftsmen.
On 14.7.1994 the original applications filed by the respondent Nos.
It quashed their inclusion in the seniority list dated 2.6.1980 and the promotions on 19.8.1980 to the higher posts of Assistant Draftsmen.
since the date of their joining the Deptt.
Writ petitions were filed by the respondent Nos.
On companystitution of the Tribunal, the writ petitions were transferred for disposal by it.
Under the relaxed companyditions the appellants were appointed.
3 to 18 challenging the appellants appointments as Tracers Draftsmen, placement in the seniority list above them and promotion as Assistant Draftsmen.
In place of Draftsman Course, training from Industrial Training Institute in short the ITI for three months SIC service for one year or such period as the Chief Engineer may decide after assessing performance of the candidate was provided.
3 to 18 were appointed on such posts during the period from 1976 to 1980.
Therefore, a departmental examination was provided and it was substituted for the training by the ITI.
The Tribunal held that the appointment of the appellants as Tracers Draftsmen was illegal as they were neither qualified Tracer Draftsman number qualified Assistant Draftsman.
3 to 18 were Page 1976 allowed.
Arijit Pasayat, J. Page 1974 In these appeals challenge is to the legality of the judgment rendered by a Division Bench of the Himachal Pradesh High Court holding that though the appellants were eligible for regular promotion as Assistant Draftsmen, their inter se seniority was to be reckoned with effect from the date they qualified at the departmental examinations.
The appellants were promoted on regular basis to the posts of Assistant Draftsmen under the amended Rule 6 ii on 2.11.1981.
