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2013 DIGILAW 140 (HP)

Himachal Pradesh Vidhan Sabha v. Vijay Singh

2013-03-01

KURIAN JOSEPH, RAJIV SHARMA

body2013
Judgment Rajiv Sharma, J. Appellants have filed this Letters Patent Appeal against the judgment dated 12.11.2012 of the learned Single Judge in CWP No. 11321/2011-C. 2. Key facts necessary for the adjudication of this Letters Patent Appeal are that the respondent has qualified driving test on 29.1.1994. He was brought on regular establishment on 17.12.1996. He started discharging the duties of a Driver since July, 2004. The post of Cleaner is in feeder cadre for promotion for the post of Driver as per the Recruitment and Promotion Rules framed in the year 1974. 3. Respondent made representation for considering his candidature for the post of a Driver. The same was rejected by the appellants on 29.8.2011. It was rejected on the ground that he was not possessing the minimum prescribed qualification. It is clear from the Recruitment and Promotion Rules that the minimum educational qualification has been prescribed for appointment to be made by way of direct recruitment. The experience gained by the respondent has not been denied by the appellants. Learned Single Judge has rightly come to the conclusion that the respondent is duly eligible and qualified for being considered for the post of Driver by way of promotion. Since the respondent has discharged the duties of a Driver with effect from February, 2004, there is no infirmity in the order of the learned Single Judge where by he has ordered the payment of wages of a Driver for a period of three years preceding the date of filing of the petition, i.e. 13.12.2011. 4. Accordingly, there is no merit in the Letters Patent Appeal and the same is dismissed, so also the pending application, if any.