Sh. Sanjeet Sharma vs State of Himachal Pradesh

This writ petition has been filed with the following prayer:-

i) That a writ in the nature of certiorari may kindly be issued for quashing the column (i) & (ii) of Annexure A of Law Officer (English) Class-II (Gazetted) Department of Personnel (Secretariat Administration Services) Himachal Pradesh Recruitment and Promotion Rules 2009 to the extent whereby three years experience of exclusively dealing with legal matters or departmental enquiries after attaining the educational qualification has been provided for as an essential qualification for appointment/recruitment by way of promotion to the post of Law Officer (English).

Annexure P-4 is the Notification dated 24th May, 1996, governing the conditions of service of Law Officer (English) Class-II (Gazetted). Rule 11 of the said Rules provides that in the case of recruitment by promotion, the incumbent should be Senior Assistant with six years regular service in the related field and if such incumbents are not available, the method is by promotion from the Clerks/Senior Clerks/Junior Assistants/Senior Assistants with 16 years service in the related field. Related field is susceptible to only one meaning, in the field of law and legal affairs. That Rule has been replaced by Annexure P-6, Rules issued as per Notification dated 1.10.2009. Rule 11 to the extent reads as follows:-

In case of recruitment by promotion, deputation, transfer, grade from which promotion/deputation/ transfer is to be made.-(i) By promotion on the basis of suitability and merit, from amongst Senior Assistants with 6 years regular service or regular combined with continuous adhoc service rendered, if any, in the grade, out of which 3 years experience of exclusively dealing with the legal matters or the departmental enquiries after attaining the Educational Qualification as prescribed in Column No. 7(1) above.

(ii) Failing which by promotion on the basis of suitability and merit, from amongst Clerk/Jr. Assistants/Senior Assistant with 08 years combined regular service or regular combined with continuous adhoc service rendered, if any, in the relaged grade, out of which 3 years experience of exclusively dealing with the legal matters or the departmental enquires after attaining the Educational Qualifications as prescribed in Column No. 7(1) above.

The recruitment is to the post of Law Officer. As rightly contended by the learned Additional Advocate General, the Rules are framed in such a way as to get best personnel for bringing out efficiency in the administration. It is stated in the reply also that the Law Department has to tender advice in all kinds of legal matters, being an advisory Department to all the Departments in the Government and therefore, the Department requires the services of incumbents having legal knowledge and experience. Even in 1996 Rules, experience in the related field was insisted and therefore, the petitioner cannot have any grievance in restricting the experience in the related field of legal affairs to three years. Therefore, we do not find that provision is in any way unjust or unreasonable.

On facts also, it is seen that the petitioner was never interested in posting in Sections/Cells dealing legal matters. Petitioner submits that he was never given a posting. We make it clear that in case the petitioner requests for posting in any of the Sections dealing in legal affairs, he shall be given due preference, ignoring the previous option. With these observations, the writ petition is disposed of, so also the pending application(s) if any.