IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2281 of 2024 Date of Decision: 30.07.2025 _______________________________________________________ Rajiv Walia and Ors. …….Petitioners Versus The State of Himachal Pradesh & Anr. … Respondents ______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioners: Mr.Rajnish Maniktala, Senior Advocate with Ms. Bhushree Jain, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. _______________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition, petitioner has prayed for fol- lowing main reliefs: “(A) that the respondents may be directed to consider the ad hoc service put in by the petitioners till date of their regular appointment towards total length of service for the purposes of placement/promotion to the higher posts. (B) That the respondents may further be directed not to con- sider the candidates for the purposes of further promo- tion/placement, who have not served in the tribal/difficult areas in accordance with the R&P Rules.” 2. Before afore prayers made by the petitioners could be considered on their own merits, learned counsel for the petitioners fairly states that he has instructions not to press relief No.1. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 3. At this stage, grouse of the petitioners, who are working as Veterinary Officers in the Department of Animal Husbandry, is that respondents are contemplating to effect promotions to the post of Deputy Director, for which category of Assistant Directors is a feeder category de-hors the Recruitment & Promotion Rules (Annexure P-6), which clearly provides that for the purpose of promotion, every em- ployee shall have to serve for at least one tenure of three years in tri- bal/hard area subject to availability of posts in such area. To ensure that person after his having served tribal area is considered for pro- motion, it has been specifically provided in the Recruitment & Promo- tion Rules that officers/officials who have not served at least one te- nure in tribal/hard area, shall be transferred to such area strictly in ac- cordance with his/her seniority in the respective cadre. 4. Since numbers of officers, who are in line for promotion to the post of Deputy Director, have never served hard/tribal area in their service career, petitioner has approached this court in the instant proceedings, seeking therein direction to the respondents to effect promotion to the post of Deputy Director strictly in terms of Recruit- ment & Promotion Rules. 5. Aforesaid apprehension/grouse raised by the petitioners, appears to be true for the reason that respondents in their reply to the petition while fairly acknowledging the factum with regard to existence of Recruitment & Promotion Rules for the post of Senior Veterinary 3 Officer, Assistant Director and Deputy Director, which is a single ca- dre have attempted to justify its action of effecting promotion to the post of Deputy Director, ignoring the condition provided in Recruit- ment & Promotion Rules with regard to one tenure mandatory posting in hard/tribal area by stating that many officers may not have served the tribal/hard area, till filing of the petition due to their non-posting /couple cases at such post by the government due to unavailability of posts or other administrative reasons and such fact cannot be held to their disadvantage for their further placement/promotion. 6. Though in the case at hand, petitioners herein have al- ready served hard/tribal area in the capacity of Veterinary Officer, but yet some persons, who at present are working as Assistant Director, have never served hard/tribal area and as such, as per Recruitment & Promotion Rules they are not entitled to promotion. As a conse- quence of that, petitioners, who at present are working as Veterinary Officer, may get chance of promotion to higher post on account of promotion of such officers to the post of Deputy Director, who have already served hard/tribal area for a mandatory period of one year. Since there is nothing to suggest that amended Recruitment & Pro- motion Rules, for the post in question, have not been further amended, specifically deleting therein condition of mandatory service of one term of three years in hard/tribal, prayer made by the petitioner in as much as to issue direction to the respondents to effect promo- 4 tion to the post of Deputy Director (Animal Husbandry) strictly in ac- cordance with Recruitment & Promotion Rules, deserves to be al- lowed. 7. Consequently, in view of the above, present petition is disposed of with direction to the respondents to ensure that promo- tion, if any, to the post of Deputy Director (Animal Husbandry), shall be effected strictly in accordance with Recruitment & Promotion Rules occupying the field. Liberty is also reserved to the petitioners to file appropriate proceedings in appropriate court of law qua prayer No.1. Pending application(s), if any, shall also stand disposed of. (Sandeep Sharma), Judge July 30, 2025 manjit