1. AANANDITA SHARMA 8219348026
2. ABHAY GUPTA 9736861834
3. ABHEY GUPTA 9817989658 9418274435
4. ABHILASHA KAUNDAL 9418272243
5. ABHIMANYU RATHORE 9418112222
6. ABHINANDAN THAKUR 9418645459
7. ABHINAV MANOJ MEHTA 9736339272
8. ABHINAY SHARMA 9459455777
9. ABHISHEK BANTA 9816225355
10. ABHISHEK BAROWALIA 9148902243 9818512012
11. ABHISHEK SHARMA 9418460700
12. ABHISHEK SOOD 9418801986 9805833828
13. ADARSH KUMAR SHARMA 9418065969
14. ADARSH KUMAR VASHISHTA 9816051100 8219412277
15. ADITYA THAKUR 7807167424
16. AJAY CHANDEL 9418084024
17. AJAY K THAKUR 9418031013
18. AJAY KOCHHAR 9816006161 9418306161
19. AJAY KUMAR DHIMAN 9418106729
20. AJAY SHARMA 9418155345 9816055345 8219349866
21. AJAY SINGH KASHYAP 9805869009
22. AJAY SIPAHIYA 9418061113
23. AJAY SOOD 9816003246 9816003248
24. AJAY VAIDYA 9816041967
25. AJEET PAL SINGH JASWAL 9816089640
26. AJEET SINGH SAKLANI 9418377338
27. AJIT SHARMA 9816274343
28. AK SHARMA 9459741315 9816809521
29. AKSHAY DUTT SHARMA 8894490441 8988347571
30. AKSHAY KUMAR 8219487875
31. AMAN SOOD 9418009688
32. AMAR DEEP SINGH 9816656244
33. AMAR DEV SHARMA 9816135528
34. AMAR SINGH MEHTA 9418012173
35. AMBIKA KOTWAL 9816757822
36. AMEET SINGH KANWAR 9418074874
37. AMIT JAMWAL 9418076733
38. AMIT KUMAR DHUMAL 9418200770
39. AMIT SHARMA 9816310438
40. AMIT SHARMA 9816389978
41. AMIT SINGH CHANDEL 9418081467
42. AMRINDER SINGH RANA 9418039889
43. AMRINDER SINGH RANA 9882939889 9418039889
44. ANAIDA KUTHIALA 8699396189
45. ANAND SHARMA 9418041894
46. ANAND SHARMA 9816002728
47. ANGREZ KUMAR 9857600823
48. ANIL CHAUHAN 7018021235
49. ANIL CHAUHAN 9418485796
50. ANIL KUMAR CHOUDHARY 9459865006
51. ANIL KUMAR GOD 9882073209
52. ANIL THAKUR 9459960100
53. ANIL TOMAR 9816065365
54. ANIRUDH NADDA 9418569872
55. ANIRUDH SHARMA 9418750008 9129815000
56. ANITA KANWER 9459729760
57. ANITA PARMAR 88949974
58. ANITA VERMA 8894932747
59. ANJALI SONI VERMA 9418211060
60. ANJALI THAKUR 7018373227
61. ANJANA KHAN 9816521610
62. ANJLI THAKUR 9816386547
63. ANJU SARNA 9816424375
64. ANJULI VIZ 9816424375
65. ANKITA SHARMA 9805231576
66. ANKUSH DASS 9816002569
67. ANSHUL ATTRI 9736045425
68. ANSHUL BANSAL 9816022706
69. ANU TULI AZTA 9816088316
70. ANUBHAV CHOPRA 7409004466 7018575179
71. ANUJ BALI 96258 87270
72. ANUJ GUPTA 9418095669 9816095820
73. ANUJ NAG 9418043827
74. ANUP RATTAN 9418095891
75. ANUPINDER ROHAL 9816011646 9816161120
76. ARCHNA DUTT 9816040050
77. ARJUN LALL 9418842121
78. ARUN KUMAR 9318502898 9418753813
79. ARUN RANA 9816225012
80. ARUN SEHGAL 8219338447 9817269269
81. ARUN VERMA 9459971718
82. ARUNA CHAUHAN 9816465704
83. ARUNA SHARMA 9805375746
84. ARUSH MATLOTIA 9418832408
85. ARVIND SHARMA 8988107890 9816024252
86. ARVIND SHARMA 9817148798
87. ASHEESH PATIAL 9418565447
88. ASHISH JAMALTA 9817778289
89. ASHISH JAMALTA 9817778289
90. ASHISH VERMA 9459082482 9817236599
91. ASHOK CHAUDHARY 9418454149 9805154149
92. ASHOK K TYAGI 9817415506
93. ASHOK KUMAR 9625849226
94. ASHOK KUMAR SOOD 9816025355
95. ASHOK KUMAR THAKUR 9816314110
96. ASHOK KUMAR VERMA 9418253798 9418353798
97. ASHOK RANJAN BASU 9418036248
98. ASHOK SHARMA 9418028010
99. ASHOK SOOD 9816025355
100. ASHWANI DHIMAN 9418040405 9816644405
101. ASHWANI K GUPTA 9418108265
102. ASHWANI K LAL 9816202227
103. ASHWANI K SHARMA 9816022527
104. ASHWANI KAUNDAL 9418103636
105. ASHWANI PATHAK 9418120648
106. ATHARV SHARMA 8219317665 9459361119
107. ATUL G SOOD 9817036202 9857422221
108. ATUL JHINGAN 9816208080
109. ATUL MAHAJAN 8988278367
110. AVINASH JARYAL 941814997
111. AVNEESH BHARDWAJ 9418285566 9816594127
112. AVNI KOCHHAR 9736687430
113. B NANDAN VASISHTA 9816079052
114. BABU RAM THAKUR 9857477588 9418206725
115. BALAK RAM NEGI 9418475019
116. BALDEV SINGH ATTRI 9418169932 7018003493
117. BALDEV SINGH NEGI 9418109733 8894403368
118. BALRAM SHARMA 9418010120
119. BALWANT KUKREJA 9418021414
120. BALWANT SINGH THAKUR 9418861780 9418661780 9805697111
121. BAN BHUSHAN SINGH 9459973378
122. BASANT PAL THAKUR 9418810837 9625917362
123. BHAG CHAND SHARMA 9816008107
124. BHAGWATI CHANDER VERMA 9418425468
125. BHAIRAV GUPTA 9805202000
126. BHANU PRATAP SINGH THAKUR 9816336631
127. BHANU SOOD 9816035892
128. BHARAT BHUSHAN VAID 9816069444
129. BHAVANA DATTA 9418026120
130. BHIM RAJ SHARMA 9816116758
131. BHOOP SINGH RANJAN 9418088558
132. BHUPENDER SINGH 9418900091
133. BHUPENDER SINGH THAKUR 9816664064
134. BHUPENDER THAKUR 9817295450
135. BHUPINDER PATHANIA 9418014496
136. BHUPINDER SINGH KANWAR 9816024214
137. BHUPINDER THAKUR 9459797557 9418110957
138. BHUPINDERJIT KASHYAP 9816055068
139. BHUVNESH SHARMA 9816068009
140. BIMAL GUPTA 9816032674 7018345385
141. BINDIYA SHARMA 9418686428
142. BIPIN CHANDER NEGI 9816025200
143. BL SONI 9418310629
144. BN MISRA 9817171473
145. BODH RAJ THAKUR 9816623000
146. BP SHARMA 9418022870 9459364870
147. BRAHAMA NAND SHARMA 9418027025
148. BRIJ MOHAN CHAUHAN 9816024600
149. BUNESH PAL 9816093359
150. CD NEGI 6 9418499988 9816097909
151. CHAMAN LAL CHAUDHARY 9816075060
152. CHAMAN NEGI 9418120349
153. CHANDAN GOEL 9816329180
154. CHANDER PAUL SOOD 9816012630
155. CHANDER SHEKHAR SHARMA 9816410668 9418818467
156. CHANDER SHEKHAR THAKUR 9418090309 8988100722
157. CHANDERNARAYAN SINGH 9418119993
158. CHARANJIT SINGH 9418024238
159. CHARU GUPTA 9816094627
160. CHATTAR SINGH THAKUR 9816270725
161. DALEEP SINGH KAITH 9418067003
162. DALIP K SHARMA 9418088887
163. DAULAT SINGH CHAUHAN 9816077780
164. DAVINDER SINGH NAINTA 9418483403 9816083403
165. DEEPAK BHASIN 9418021142 9805621142
166. DEEPAK GUPTA 9816597119
167. DEEPAK KAUSHAL 9816051008
168. DEVEN KHANNA 08894576521
169. DEVENDER K SHARMA 9817040078
170. DEVENDER KUMAR 9015177734
171. DEVENDER KUMAR SHARMA 9817113356
172. DEVINDER CHAUHAN 9418024866
173. DEVYANI SHARMA 9418025425
174. DEWA NAND SHARMA 9817019207 6230095207
175. DHANANJAY SHARMA 9736112451
176. DHANANJAY SINGH 7018200729
177. DHEERAJ K VERMA 9418024048
178. DHEERAJ KUMAR VASHISHT 9816493830
179. DHIRAJ THAKUR 9418900098
180. DHRUV SHAUNAK 9418060091 9418010392
181. DIBENDER GHOSH 9418077718
182. DIGVIJAY SINGH 948076608
183. DILIP SHARMA 9816020223
184. DILIP SHARMA SENIOR 9816020223
185. DINESH BHANOT 9816065002
186. DINESH CHANDEL 9418068297
187. DINESH SINGH KAINTHLA 9816176355
188. DINESH THAKUR 9418450891
189. DIVYA PAL SINGH 94182 77110 7018004745
190. DIVYA PATHANIA 8219275656
191. DIVYA RAJ SINGH 9418274431
192. DIWAKAR DEV SHARMA 9418588974 8091100444
193. DIWAN SINGH 9817544304
194. DK KHANNA 9816022476
195. DN RANTA 94180257741
196. DR SOOD 9816500029
197. DURGA SINGH KAINTHLA 9418007979
198. DUSHYANT DADWAL 9418491678 9816134244
199. GARIMA KUTHIALA 8968139049
200. GAURAV GAUTAM 9816467483
201. GAURAV KOCHHAR 9459406161
202. GAURAV SHARMA 9418161136
203. GAURAV THAKUR 9418085222
204. GAUTAM SOOD 9816003246
205. GD SHARMA 9418001888
206. GIAN CHAND GUPTA 9816046900
207. GIRI RAJ GULERIA 9882363409
208. GIRI RAJ KANWAR 9418052461
209. GOLDY KUMAR 9418768705
210. GOLDY KUMAR 9418768705
211. GOPAL KRISHAN NADDA 9418086972
212. GOVERDHAN LAL SHARMA 9418206823
213. GULZAR SINGH RATHOUR 8894884471
214. GUNA NAND VERMA 9418341500
215. HAMENDER SINGH CHANDEL 9418050894 9805251894
216. HARI CHAND BRAMTA 9418106629 9816441529
217. HARI KRISHAN PAUL 9418460600
218. HARI SHYAM UPADHYAY 9817095914
219. HARINDER SINGH RAWAT 9418024320
220. HARISH DOD 9418077298
221. HARISH KASHYAP 9857276763
222. HARISH KUMAR VERMA 9888105785 9216105785
223. HARJAPAN KAUR 8628885951
224. HARKRISHAN THAKUR 9816142979
225. HARSHVARDHAN 9816350150
226. HEM CHAND SHARMA 9418129012
227. HEM RAJ THAKUR 9318833555
228. HEMANT KUMAR SHARMA 9736149672 9418749672
229. HEMANT VAID 9816384174
230. HIMANSHU K MACHHAN 9418141904
231. HITENDER THAKUR 9459961320 9857662396
232. HK BHARDWAJ 9418040948 9816495432
233. HOSHIAR KAUSHAL 8894107759 9418659791
234. HP SINGH 9817025330
235. HR BHARDWAJ 9318500729
236. HR SIDHU 9418780305 9805452942
237. HS RANA 9418039889 9418454479
238. HUKAM CHAUHAN 9816020292
239. IMRAN KHAN 9816071870
240. INDER SHARMA 9459540069
241. INDER SINGH CHANDEL 9418088712 9418088762
242. INDERJIT SINGH NARWAL 9418000777 9816016110
243. ISHAN SHARMA 9805002111
244. JAGAN NATH 9418377193
245. JAGAT PAUL 9318992055 9318500160
246. JAGAT SINGH SHYAM 9418459244 7018803319
247. JAGDEEP SINGH GULERIA 9418450674
248. JAGDISH C THAKUR 9817065023 9418018092
249. JAGJEET S BAGGA 9418026700
250. JAI DEV THAKUR 9816129684
251. JAI PRAKASH 9805056323
252. JAI RAM SHARMA 9816012007
253. JANESH GUPTA 9816235356
254. JANESH MAHAJAN 9418222244
255. JATINDER KUMAR 9418300905
256. JATINDER S BHOGAL 9816137369
257. JATINDER SINGH BHOGAL 9816137369
258. JAVED KHAN 9816082527
259. JAVED KHAN 9816082527 9418628041
260. JEET RAM POSWAL 9418493094
261. JEEVESH SHARMA 9418005724
262. JIYA LAL BHARDWAJ 9418051750
263. JK VERMA 9418451674 7018634635
264. JN BAROWALIA 9418152900
265. JN KANEN 9418476818 9129900050
266. JN SHARMA 9418646397
267. JYOTI DOGRA 6230168584
268. JYOTI RAM GAZTA 9418495201
269. JYOTIRMAY BHATT 9882651555
270. K DALER SINGH 9418050099
271. KAMAL DEV 9218704425
272. KAMAL KUMAR 9816202431 9816113420 9459729686
273. KAMAL SHARMA 8350808010
274. KAMLENDER BHARDWAJ 9857594525 9805890003
275. KAMLENDER SINGH NEGI 8627630508
276. KAMLESH MEHTA 9816313884
277. KAMLESH SAKLANI 9459262525
278. KAMLESH SHANDIL 8988107925
279. KAPIL CHAUHAN 9418011019
280. KAPIL DEV SOOD 9816062154 7018645339
281. KARAM CHAND SANKHYAN 9418276713 7018354593
282. KARAN SHARMA 9399900002
283. KARAN SINGH KANWAR 9816166311
284. KARAN VEER SINGH 7018777431
285. KARTAR SINGH 9418004909 9418076936 9882303909
286. KARTIK KUMAR 9817055554 9857422224
287. KARUN NEGI 9816873888
288. KASHMIR SINGH THAKUR 9418011090
289. KAUL SINGH 9418219980
290. KESHAV DATT SHREEDHAR 9816025857
291. KHUSHI RAM GUPTA 9418036915
292. KIRAN DHIMAN 8894997644
293. KIRAN DHIMAN 8894997644
294. KIRAN LATA SHARMA 9817138286 9418559495
295. KISHORI LAL THAKUR 9418377436 9805069695
296. KK VERMA 9418275078
297. KOMAL CHAUDHARY 9816790951
298. KR KASHYAP 9817244221 9418044221
299. KS BANYAL 9418000034 9218946011 8894533091
300. KULBHUSHAN KHAJURIA 9418022020 9805129300
301. KULDEEP GULERIA 9816065286
302. KULDEEP SHARMA 9418777006 8894165100
303. KULDEEP SINGH RATHORE 9418022000
304. KULWANT CHAUHAN 9459040088
305. KUNAL VERMA 9418657651
306. KUSH SHARMA 9459278722
307. KUSUM CHAUDHARY 8448453394
308. KUSUM LATA 8626849139
309. LAKSHAY THAKUR 9418016800 8091016800
310. LALIT KUMAR SEHGAL 9418128100
311. LALIT KUMAR SHARMA 9816060681
312. LALITA VERMA 01907233738 9817161905
313. LAXMI KAPOOR 9459875432
314. LOKENDER PAUL THAKUR 9816068446
315. LOVENEESH KANWAR 9418022784
316. LOVENEESH SINGH THAKUR 9418519134 9805432927 01905237326
317. LT COL HARBHAJAN SINGH GYANI 9805834997
318. MAAN SINGH 9459104069 9816788549
319. MAHENDER SINGH KANWAR 9816241373 98167830041
320. MALKEEYAT SINGH CHOUDHARY 9817404343 8219436982 9459705550
321. MANDEEP SINGH 9816201505
322. MANISH KUMAR GUPTA 9816372624 9418072624
323. MANISH SHARMA 9816141217
324. MANISH SHARMA 9816141217
325. MANJU CHANDEL 9816822994
326. MANJULA THAKUR 8627933366
327. MANOHAR LAL SHARMA 9418464118 7018505014
328. MANOJ BAGGA 9459360313 7018363551
329. MANOJ CHAUHAN 9418010922 8894399915
330. MANOJ PATHAK 9459600700
331. MANOJ SHARMA 9418504723
332. MAYANK SHARMA 7807807666
333. MC VERMA 9805531926
334. MEENAKSHI SHARMA 9418031392
335. MEERA DEVI 9418700897
336. MEGHNA KASHAVA 9817531429
337. MEHAR CHAND THAKUR 9817425595
338. MEHAR CHAND VERMA 9805531926
339. MOHAMMAD AYUB KHAN 9459450036 9817094705
340. MOHAN LAL CHAUHAN 9418024083
341. MOHAN LAL SHARMA 9459037388
342. MOHAN SINGH 9816183752
343. MOHAR SINGH 9459743993 7018320955
344. MOHI RAM CHAUHAN 9418016982
345. MOHINDER ZHARAICK 9816210755 8675600002
346. MOHINI SHARMA 9817278358 8894899102
347. MOHIT THAKUR 9418454537
348. MONIKA SINGH 9418470600
349. MUDIT SHARMA 01141040199 9811843910
350. MUKESH SHARMA 9418655667
351. MUKESH THAKUR 9418940003
352. MUKUL SOOD 9736200053 9418656560
353. NANDINI SHARMA 01141040199 9910119266
354. NARENDER SHARMA 9817031392
355. NARENDER SINGH THAKUR 9817222260 9816122201
356. NARENDER THAKUR 9418202405
357. NARESH K GUPTA 9418074315 7018684115
358. NARESH K SHARMA 9817208755
359. NARESH KAUL 9418001899 9418101899
360. NARESH KUMAR MAHAJAN 9418579117 9805879118
361. NARESH KUMAR SHARMA 9418140544
362. NARESH KUMAR SOOD 9816021260
363. NARESH KUMAR THAKUR 9418023431
364. NARESH KUMAR TOMAR 9857343940
365. NARESH SHARMA 9418114442
366. NARESH SHARMA-II 70182 16440
367. NARESH VERMA 9459177152
368. NARESHWER SINGH CHANDEL 9418020467
369. NAVEEN AWASTHI 9418469456
370. NAVEEN K BHARDWAJ 9418211699 9882411699
371. NAVEEN KUMAR DASS 9459608821
372. NAVLESH VARMA 9418018181 9857078780
373. ND SHARMA 9418048310
374. NEEL KAMAL SOOD 9816081063
375. NEELAM KAPLAS 9816018883
376. NEELAM THAKUR 9805711661
377. NEERAJ GUPTA 9816045459
378. NEERAJ K SHARMA 9816067309
379. NEERAJ SHARMA 9816067309
380. NEHA SHARMA 9817315000
381. NEVADITA SHARMA 867966570
382. NIMISH GUPTA 9805410825
383. NIPUN THAKUR 9418084907 9857265405
384. NIPUN THAKUR 9857265405
385. NISHA DEVI THAKUR 8988178901
386. NISHA SANKHYAN 8219879834 9418344157
387. NISHANT SHARMA 7018356078
388. NISHI GOEL 9418005610
389. NITIN PAUL CHAUHAN 9459280468
390. NITIN THAKUR 9816098999
391. NL BRAKTA 9418050428
392. OM PRAKASH NEGI 8894546447
393. OM PRAKASH SHARMA 9816092742
394. ONKAR JAIRATH 9816015464 8219941084
395. ONKAR JAIRATH 9816015464 8219941084
396. OP THAKUR 9418801993
397. PADAM CHAND SHARMA 9816032625
398. PALLAVI KATOCH 8261853861 9218946011
399. PANKAJ MUSSAFIR 9418072064
400. PANKAJ NEGI 9882170006
401. PANKAJ SAWANT 8988134402
402. PANKAJ SHARMA 9318863386
403. PANKAJ THAKUR 9736900406
404. PARAS DHAULTA 8679201000 9816542472
405. PARAS DOGER 9816085258
406. PARMOD NEGI 918698259
407. PARMOD SINGH THAKUR 9418970034
408. PARSHANT SHARMA 9817104441
409. PARSHOTAM CHAUHAN 98160238102
410. PARUL NEGI 8351880058
411. PARUL VERMA 9857458000
412. PARVEEN CHANDEL 9805856474
413. PARVEEN KUMAR CHAUHAN 9418136705 9418588376
414. PAWAN KUMAR SHARMA 9459271723 9459875022
415. PAWAN THAKUR 9459617300
416. PAWANISH KUMAR SHUKLA 9882832001 7018390281
417. PD NANDA 9418475050
418. PEEYUSH VERMA 9418073177
419. POOJA BUSHEHARI 9882320717
420. POOJA SINGH 9560138852
421. POONAM 8352021674
422. PRADEEP KUMAR GUPTA 9418005529
423. PRADEEP KUMAR VERMA 9418025649
424. PRADEEP SHARMA 9418344130
425. PRAMOD SINGH THAKUR 9418970034
426. PRANAY PRATAP SINGH 7831055000 7018866008
427. PRANEET GUPTA 9816022411
428. PRASHANT CHAUDHARY 8219340920
429. PRASHANT PANDEY 9816150936 7018051496
430. PRASHANT SEN 9817061303
431. PRASHANT SHARMA 8278783787 9816922228 8219236636
432. PRATIBHA BALI 8627813661
433. PRATIMA MALHOTRA 1772622333 9418028924
434. PRAVEEN KUMAR 9418300905 9418698259
435. PREM LATA NEGI 9805642680
436. PREM P CHAUHAN 9418020590
437. PRERNA 7018404159
438. PRINCE CHAUHAN 9129310102 9318810102
439. PRITAM SINGH CHANDEL 9817106947 9418206948
440. PRITAM SINGH KANTA 9418184777
441. PRITHVI RAJ 9418450389
442. PUNEET DHANTA 9805759578
443. PUNEET RAJTA 9816137362
444. PUSHPINDER SINGH JASWAL 9816000033 9218500033
445. PUSHPINDER VERMA 9459216763
446. RACHNA KUTHIALA 981664100 9318622523
447. RADHEY SHYAM GAUTAM 6 9816111032
448. RAGHUNANDAN CHAUDHARY 9218500156
449. RAGINI DOGRA 9418750662
450. RAHUL 9816024400
451. RAHUL MAHAJAN 9816024400
452. RAHUL SHARMA 8988483990
453. RAHUL SINGH VERMA 9418532617
454. RAHUL THAKUR 9817391777
455. RAIKI KASHMIRI 8628825680
456. RAJ KUMAR NEGI 9418120066
457. RAJ NEGI 9418003019 9816096309
458. RAJ PRAKASH NEGI 8879788143
459. RAJAN KAHOL 9418900700 9736070800
460. RAJENDER SINGH THAKUR 9418084062 9816013304
461. RAJENDRA KISHORE SHARMA 9418061884
462. RAJESH KASHYAP 9418084313 9805870970
463. RAJESH KUMAR 9459235850 9418715352
464. RAJESH KUMAR PARMAR 9459999987
465. RAJESH MANDHOTRA 9459000108 9459600111 9882300108
466. RAJESH PRAKASH MANDI SAHAB 9318542422
467. RAJESH VERMA 9218847148
468. RAJESH VERMA 9459875689 9816447192
469. RAJINDAR S DOGRA 9418060433
470. RAJINDER THAKUR 9418109945
471. RAJIV JIWAN 9418076504
472. RAJIV RAI 9418495100
473. RAJNEESH K LAL 9816378847
474. RAJNISH MANIKTALA 9816028050
475. RAJU RAM RAHI 9805539390 9418120336
476. RAJVINDER SANDHU 9418031652 9816238407
477. RAKESH BHARTI 9816038166
478. RAKESH CHAUHAN 9418588376
479. RAKESH DHAULTA 9817088200
480. RAKESH KUMAR 8679426885
481. RAKESH KUMAR DOGRA 9816314129
482. RAKESH KUMAR SHARMA 9805835005
483. RAKESH MANTA 9816051200
484. RAKESH SHARMA 9816072725
485. RAKESH THAKUR 9857379475
486. RAKESHWAR L SOOD 9816025444
487. RAM LAL THAKUR 9418403556
488. RAM MURTI BISHT 9418110654
489. RAMAKANT SHARMA 9418009783
490. RAMAKANT SHARMA SENIOR 9816020824
491. RAMAN JAMALTA 9805400010
492. RAMAN KUMAR 7018261553 9817920829
493. RAMAN KUMAR BAWA 9816023110
494. RAMAN PARASHAR 9418484076
495. RAMAN SETHI 9816026040
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Sunday, August 24, 2014

Jai Singh Vs State of HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 1436 of 2014-D with CWP Nos. 6615, 6650, 9040, 9041, 9342, 9434, 9739 of 2013, CWP Nos. 397, 660, 944, 1460, 1919, 1920 and 3327 of 2014.

Judgement reserved on: 29.5.2014. Date of decision: 16.6.2014.

Coram : The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.

1. CWP No. 1436 of 2014-D. Jai Singh Vs. State of H.P.

For the petitioner(s): Mr. S.C. Sharma, Advocate.

For the Respondent(s) : Mr. Shrawan Dogra, Advocate General with Mr. V.K. Verma, Ms. Meenakshi Sharma, Additional Advocate Generals and Ms. Parul Negi, Deputy Advocate General.

2. CWP No. 6615 of 2013-B Rakesh Vs. State of H.P.

For the petitioner(s): Mr. S.C. Sharma, Advocate.

For the Respondent(s) : Mr. Shrawan Dogra, Advocate General with Mr. V.K. Verma, Ms. Meenakshi Sharma, Additional Advocate Generals and Ms. Parul Negi, Deputy Advocate General.

3. CWP No. 6650 of 2013-E Ishwar Chand Vs. State of H.P.

For the petitioner(s): Mr. S.C. Sharma, Advocate.

For the Respondent(s) : Mr. Shrawan Dogra, Advocate General with Mr. V.K. Verma, Ms. Meenakshi Sharma, Additional Advocate Generals and Ms. Parul Negi, Deputy Advocate General.

4. CWP No. 9040 of 2013-D Shiv Kumar Vs. State of H.P.

For the petitioner(s): Mr. Avneesh Bhardwaj, Advocate.

For the Respondent(s) : Mr. Shrawan Dogra, Advocate General with Mr. V.K. Verma, Ms. Meenakshi Sharma, Additional Advocate Generals and Ms. Parul Negi, Deputy Advocate General, for respondents No. 1 to 3. Mr. Lovneesh Kanwar, Adevocate, for respondent No.4. Mr. Sanjeev Bhushan, Advocate, for respondent No.5. Mr. Pankaj Negi, Advocate vice Mr. Sandeep Sharma, ASGI, for respondent No.6. Mr. Dilip Sharma, Senior Advocate with Mr. Manish Sharma, Advocate, for respondents No. 7 to 42.

5. CWP No. 9041 of 2013-E Arun Kumar Vs. State of H.P.

For the petitioner(s): Mr. Avneesh Bhardwaj, Advocate.

6. CWP No. 9342 of 2013-E Bhartendu Sharma Vs. State of H.P.

For the petitioner(s): Mr. Avneesh Bhardwaj, Advocate.

7. CWP No. 9434 of 2013-D Tarun Bala Vs. State of H.P.

For the petitioner(s): Mr. S.C. Sharma, Advocate.

For the Respondent(s) : Mr. Shrawan Dogra, Advocate General with Mr. V.K. Verma, Ms. Meenakshi Sharma, Additional Advocate Generals and Ms. Parul Negi, Deputy Advocate General.

8. CWP No. 9739 of 2013-D Gopal Singh Vs. State of H.P.

For the petitioner(s): Mr. Rajender Thakur and Mr. Rajesh Kumar, Advocates.

For the Respondent(s) : Mr. Shrawan Dogra, Advocate General with Mr. V.K. Verma, Ms. Meenakshi Sharma, Additional Advocate Generals and Ms. Parul Negi, Deputy Advocate General.

9. CWP No. 397 of 2014. Parma Nand Vs. State of H.P.

For the petitioner(s): Mr. Avneesh Bhardwaj, Advocate.

10. CWP No. 660 of 2014-F Karuna Kaushal Vs. State of H.P.

For the petitioner(s): Mr. S.C. Sharma, Advocate.

For the Respondent(s) : Mr. Shrawan Dogra, Advocate General with Mr. V.K. Verma, Ms. Meenakshi Sharma, Additional Advocate Generals and Ms. Parul Negi, Deputy Advocate General.

11. CWP No. 944 of 2014-E Amar Dev Sharma Vs. State of H.P.

For the petitioner(s): Mr. Avneesh Bhardwaj, Advocate.

12. CWP No. 1460 of 2014-F Rekha Kumari Vs. State of H.P.

For the petitioner(s): Mr. S.C. Sharma, Advocate.

For the Respondent(s) : Mr. Shrawan Dogra, Advocate General with Mr. V.K. Verma, Ms. Meenakshi Sharma, Additional Advocate Generals and Ms. Parul Negi, Deputy Advocate General.

13. CWP No. 1919 of 2014-B. Dila Ram Vs. State of H.P.

For the petitioner(s): Mr. S.C. Sharma, Advocate.

For the Respondent(s) : Mr. Shrawan Dogra, Advocate General with Mr. V.K. Verma, Ms. Meenakshi Sharma, Additional Advocate Generals and Ms. Parul Negi, Deputy Advocate General.

14. CWP No. 1920 of 2014-B Sachin Thakur Vs. State of H.P.

For the petitioner(s): Mr. Avneesh Bhardwaj, Advocate.

15. CWP No. 3327 of 2014-C Sunder Lal Vs. State of H.P.

For the petitioner(s): Mr. S.C. Sharma, Advocate.

For the Respondent(s) : Mr. Shrawan Dogra, Advocate General with Mr. V.K. Verma, Ms. Meenakshi Sharma, Additional Advocate Generals and Ms. Parul Negi, Deputy Advocate General.

Tarlok Singh Chauhan, Judge.

In this batch of petitions common question of fact and law arises and therefore, the same are taken up together for disposal.

2. The facts, in brief, may be noticed. The petitioners have claimed that on 28.12.1973, the Himachal Pradesh Education Department Service Rules, 1973 came into existence and dealt with the recruitment and promotion rules for Trained Graduate Teachers (TGT). The petitioners were appointed as Vidya Upasak and regularized as JBT Teachers. It has not been disputed that all the petitioners were regularised as JBT Teachers and fulfilled the criteria of two years regular service for being considered as TGT as on 21.10.2009. It is claimed that that respondents conducted a D.P.C. in July 2009 on the basis of two years criteria of regular service as JBT Teacher for promotion as TGT teacher and accordingly made promotions of those JBT (Medical) teachers who were regularized in 2007 and JBT (non‐medical) teachers, who regularized in January 2006. It is the specific case of the petitioners that they were regularized in 2007 and were eligible for the post of TGT, yet the respondents did not consider the names of the petitioners in spite of the fact that posts were available with them.

3. On 22.10.2009, the Himachal Pradesh Education Service Rules, 1973 were amended and the condition for promoting the JBT Teachers as TGT was extended from two years to five years. On 16.7.2011, the rules were further amended and a condition of minimum 50% marks in graduation was inserted. Yet again, on 31.5.2012, the rules were amended, wherein the condition of Teacher Eligibility Test (TET) has been made compulsory for promotion as TGT (Medical).

4. The respondents‐ State to counter the claim of the petitioners have made the following averments:

“That firstly, claims of the petitioners that while conducting DPC during the year 2009 they have not been promoted as TGT whereas they were eligible as per Old Recruitment and Promotion Rules. Secondly, promotion on backlog posts be made as per Old Recruitment and Promotion Rules and they be considered in the DPC. It is submitted that the services of the petitioners have been regularized w.e.f. 01.10.2007 as JBT teacher and on 20.07.2009 promotion from JBT to TGT were made on routine basis, however, as per Old Recruitment and Promotion Rules, two years minimum regular service condition is applied for being considered for the post of TGT from the feeder cadre of JBT in that event the petitioners are not eligible for promotion as they had not completed two years regular services at the time of DPC i.e. on 20.07.2009. It is submitted that this Hon’ble Court while deciding similar situated cases i.e. the CWP No. 4039/2011 alongwith connected matters on 03.01.2012 has pleased to decide the same that all the candidates, who were eligible up to 22.10.2009 (i.e. formulation of New Recruitment and Promotion Rules) were to be considered as per old rules since the vacancies were available.

It is further submitted that at present no DPC is being convened as there is ban on promotions. However, DPC will be convened strictly as per amended Recruitment and Promotion Rules i.e. eligibility criteria of 50% marks in B.A./B.Sc., having five years regular services and qualification of Teacher Eligibility Test (TET) in accordance with the guidelines framed by the NCTE which is mandatory. Moreover, as and when process of promotion is started, the candidatures of the petitioners will be provisionally considered subject to the final outcome of the present writ petition as per interim order 22.08.2013 passed by this Hon’ble Court. Hence, the present writ petition filed by the petitioners deserves to be dismissed.”

5. It is not disputed that there is backlog of 359 posts of teachers lying vacant with the respondent‐ department, therefore, the only question required to be determined in this background is as to what would be the criteria of filling up these vacant posts between July 2009 till 22.10.2009 i.e. the vacancies which have accrued after the last D.P.C. and before the amendment in the rules. The legal issue thus involved in the present cases is as to whether a vacancy which arose prior to the amendment of the rules is to be filled up “as per the rules existing at that time” or “as per the rules existing at the time of the consideration for promotion. “

6. It is by now settled proposition of law that ordinarily a candidate has a right to be considered for promotion in light of the existing rules when the vacancy arose. It is further a settled principle of service jurisprudence “old vacancy ‐old rules” and this principle has been consistently reiterated and reaffirmed by the Hon’ble Supreme Court .

7. It is not disputed (rather admitted) by the respondent‐ State that a coordinate Bench of this court (Justice Rajiv Sharma,J.) while deciding CWP No. 4039 of 2011 alongwith connected matter on 3.1.2012 has decided that all the candidates who were eligible up to 22.10.2009 are to be considered as per old rules since the vacancies were available. The law on the subject has been succinctly dealt with in the aforesaid judgement in the following terms:

“14. The question whether the vacancies occurring before the amendment to the Recruitment and Promotion Rules are to be filled up as per the old Recruitment and Promotion Rules or by way of new Recruitment and Promotion Rules is no more res integra in view of the law laid down by their Lordships of the Hon’ble Supreme Court in Y.V. Rangaiah and others versus J. Sreenivasa Rao and others , (1983) 3 SCC 284. Their Lordships have held that the vacancies in the promotional posts occurring prior to the amendment have to be filled up in accordance with the un‐amended rules. Their Lordships have held as under:

“6. The Tribunal on consideration of the materials on record came to the conclusion that the vacancies that arose between the preparation of the panels in December, 1975 and April, 1977 were eight, and that there was no reason why panel for that period should not have been drawn up at all. It is true that after 18th of October, 1975 the zones came into existence and, therefore, promotions to the grade of Sub‐Registrar were required to be made on zonal basis, but after the personnel had been allocated to various zones, the task of preparing the annual panel with reference to the vacancies arising during the period 1976‐77 should have been taken up on the basis of the seniority list for Zone IV. Had such a list been prepared according to the Andhra Pradesh Registration and Subordinate Service Rules, the eligibility of the candidates would naturally have been considered without reference. to the amendment issued in March, 1977. On these findings the Tribunal held that the action taken by the Inspector‐ General of Registration and Stamps to make appointments against vacancies arising during the period 1976‐77 from amongst the 'left‐ overs' of the panels drawn up in April, 1975 and to dispense with the preparation of panel for 1976‐77 was in violation of the rules and thus liable to be set aside, and it directed the State of Andhra Pradesh and the Inspector‐General of Registration and Stamps to draw up a fresh panel for the year 1976‐ 77 with reference to the vacancies that arose during that period, strictly in accordance with the rules as they existed at the time and the vacancies pertaining to that period should be filled on the basis of such a panel. Since the amendment to the rules was made in March, 1977, it follows that for vacancies relating to the panel year 1977‐78 and subsequent year the panels will have to be prepared in accordance with the rules as they were amended by G. O. Ms. No. 265‐Revenue (UI) dated 22nd March, 1977.”

15. Their Lordships of the Hon’ble Supreme Court in B.L. Gupta and another versus M.C.D. , (1998) 9 SCC 223 have held that the vacancies which have arisen prior to 1995 should have been filled up according to old rules. Their Lordships have held as under:

`9. When the statutory rules had been framed in 1978, the vacancies had to be filled only according to the said Rules. The Rules of 1995 have been held to be prospective by the High court and in our opinion this was the correct conclusion. This being so, the question which arises is whether the vacancies which had arisen earlier than 1995 can be filled as per the 1995 Rules. Our attention has been drawn by Mr Mehta to a decision of this court in the case of N.T. Devin Katti v. Karnataka public service commission. In that case after referring to the earlier decisions in the cases of Y.V. Rangaiah v. J. Sreenivasa Rao, P. Ganeshwar Rao v. State of A.P. and A.A. Calton v. Director of Education it was held by this court that the vacancies which had occurred prior to the amendment of the Rules would be governed by the old Rules and not by the amended Rules. Though the High court has referred to these judgments, but for the reasons which are not easily decipherable its applicability was only restricted to 79 and not 171 vacancies, which admittedly existed. This being the correct legal position, the High court ought to have directed the respondent to declare the results for 171 posts of Assistant Accountants and not 79 which it had done.

10. We are unable to agree with Shri Sanghi that by virtue of their length of service while holding current duty charge as Assistant Accountants, his clients should be regularised in the said posts. Merely because the same posts have been upgraded from Senior Clerks to Assistant Accountants, it would not mean that persons who were given the current duty charge could be regularised without any selection. The clients of Mr Sanghi presumably hold lien in the posts of Senior Clerks. If they were to be regularised as Assistant Accountants, the effect would be that they would be promoted to the said posts. The Rules of 1978 prescribe the mode in which the promotions can be made. This mode has to be followed before the appointments could be made. If no statutory rules had existed, it may have been possible, though we express no opinion on it, that the existing incumbents may have been regularised. Where, however, statutory rules exist, the appointments and promotions have to be made in accordance with the statutory rules specially where it has not been shown to us that the Rules gave the power to the appointing authority of relaxing the said Rules. In the absence of any such power of relaxation, the appointment as Assistant Accountant could only be made by requiring the candidates to take the examination which was the method which was prescribed by the 1978 Rules.

11. We are informed at the Bar by Dr Singhvi, on the basis of instructions received by him, that now there are about 323 posts of Assistant Accountants. Out of these about 80 have been filled on the basis of the December 1973 examination. The respondents are directed to fill 91 more vacancies on the basis of December 1993 examination which they have already conducted. This will leave a balance of 152 vacancies. The number of persons who are holding these posts on current duty charge appears to be less than the number of vacancies so available. Therefore, there will be no immediate danger of Mr Sanghi's clients being reverted to the post of Senior Clerks. The respondents will be at liberty to continue to retain them in the higher post, but it is made clear that the vacancies which had arisen prior to amendment of the Rules in 1995 can only be filled in accordance with the 1978 Rules, which means that if Mr Sanghi's clients want to be regularly appointed as Assistant Accountants, they will have to compete with and take the examination under the 1978 Rules. This is with regard to the vacancies which remain and are required to be filled under the 1978 Rules. Any vacancies which arise after 1995 will have to be filled as per the amended Rules. It is but obvious that the seniority in all these cases will have to be fixed according to the seniority rules which are applicable.”

16. Similarly, their Lordships of the Hon’ble Supreme Court in Arjun Singh Rathore and others versus B.N. Chaturvedi and others , (2007) 11 SCC 605 have held that vacancies occurring prior to promulgation of the Recruitment and Promotion Rules were to be filled up according to the old Rules even though interview was held in 2000 when the new rules had already been notified. Their Lordships have held as under:

`5. Mr. Calla, the learned senior counsel for appellants has argued that the matter was fully covered by the judgment of this Court in State of Rajasthan vs. R.Dayal 1997(10)SCC 419 wherein it had been held that the vacancies to be filled by promotion were to be filed under the rules which were in operation on the date when the vacancies had occurred. Relying on and referring to an earlier judgment in the case of Y.V.Rangaiah vs. J.Sreenivasa Rao (1983) 3 SCC 284 it was opined as under:

`"This Court has specifically laid (sic) that the vacancies which occurred prior to the amendment of the Rules would be governed by the original Rules and not by the amended Rules. Accordingly, this Court had held that the posts which fell vacant prior to the amendment of the Rules would be governed by the original Rules and not the amended Rules. As a necessary corollary, the vacancies that arose subsequent to the amendment of the Rules are required to be filled in accordance with the law existing as on the date when the vacancies arose."

6 The above legal position has not been seriously disputed by the learned counsel for respondent Nos.6 &7. We are therefore of the opinion that the vacancies which had occurred prior to the enforcement of the Rules of 1998 had to be filled in under the Rules of 1988 and as per the procedure laid down therein. We are therefore of the opinion that the judgment of the learned Single Judge needs to be restored. We order accordingly.”

8. Ordinarily in view of exposition of law by a coordinate Bench of this court, no further discussion in the matter would have been required. However, respondents No. 7 to 42 in CWP No. 9040 of 2013 have opposed the claim of the petitioners on the ground that “old vacancies old rule is not rule of universal or absolute application” and that the right to be considered in the light of existing rules would mean the rule in force on the date on which consideration takes place. The requirement of filling up old vacancies under old rule is interlinked with the candidate having acquired a right to be considered for promotion. It is further contended that the right to be considered for promotion accrues on the date of consideration of eligible candidates. He further contends that until and unless the applicable rule, as in Y.V.Rangaiah case (supra) lays down any particular time frame within which the selection process is to be completed the rules in operation at the time of consideration would prevail. According to him, the consideration for promotion is yet to take place and vacancies now shall have to be essentially made in accordance with the rules in operation.

9. In support of his contention, Sh. Dilip Sharma, learned Senior counsel for the respondents has relied upon Dr. K. Ramulu and another vs. Dr. S. Suryaprakash Rao and others (1997) 3 SCC 59, wherein the ratio in Y.V.Rangaiah case was distinguished by the Hon’ble Supreme Court in the following manner:‐

“12. The same ratio was reiterated in Union of India vs. K.V. Vijeesh [(1996) 3 SCC 139, paras 5 and 7]. Thus, it could be seen that for reasons germane to the decision, the Government is entitled to take a decision not to fill up the existing vacancies as on the relevant date. Shri H. S. Guraraja Rao, contends that this Court in Y.V. Rangaiah & Ors. v. J. Sreenivasa Rao & Ors. [(1983) 3 SCC 284] had held that the existing vacancies were required to be filled up as per law prior to the date of the amended Rules. The mere fact that Rules came to be amended subsequently does not empower the Government not to consider the persons who are eligible prior to the date of appointment. It is sen that the case related to the amendment of the Rules prior to the amendment of the Rules. Two sources were available for appointment as sub‐Registrar, namely, UDCs and LDCs. Subsequently, Rules came to be amended taking away the right of the LDCs for appointment as sub‐Registrar. When the vacancies were not being filled up in accordance with the existing Rules, this court had pointed out that prior to the amendment of the Rules, the vacancies were existing and that the eligible candidates were required to be considered in accordance with the prevailing Rules. Therefore, the mere fact of subsequent amendment does not take away the right to be considered in accordance with the existing Rules. As proposition of law, there is no dispute and cannot be disputed. But the question is: whether the ratio in Rangaiah's case would apply to the facts of this case? The Government therein merely amended the Rules, applied amended Rules without taking any conscious decision not to fill up the existing vacancies pending amendment of the Rules on the date the new Rules came into force. It is true, as contended by Mr. H.S. Gururaja Rao, that this Court has followed the ratio therein in many a decision and those cited by him are P. Ganeshwar Rao & Ors. v. State of A.P. & Ors. [(1988) Supp. SCC 740], P. Mahendranath v. State of Karnataka [(1990) 1 SCC 411], A.A. Caljon v. Director of Education [(1983) 3 SCC 33], N.T. Dev v. Karnataka Public Service Commission [(1990) 3 SCC 157, Ramesh Kumar Choudha & Ors. v. State of M.P. & Ors. [(1996) 11 SCC 242]. In none of these decisions, situation which has arisen in the present case had come up for consideration. Even Rule 3 of the General Rules is not of any help to the respondent for the reason that Rule 3 contemplates making of an appointment in accordance with the existing Rules.

13. It is seen that since the Government have taken a conscious decision not to make any appointment till the amendment of the rules, Rule 3 of the General Rules is not of any help to the appellant. The ratio in the case of Ramesh Kumar Choudha & Ors. v. State of M.P. & Ors. [(1996) 11 SCC 242] is also not of any help to the respondent. Therein, this Court had pointed out that the panel requires to be made in accordance with the existing Rules and operated upon. There cannot be any dispute on that proposition or direction issued by this Court. As stated earlier, the Government was right in taking a decision not to operate Rule 4 of the General Rules due to their policy decision to amend the Rules. He then relies on paragraph 14 of the unreported judgment of this Court made in Union of India V/s. S.S. Uppal & Anr. [ (1996) 2 SCC 168]. Even that decision is not of any help to him. He then relies upon the judgment of this Court in Gajraj Singh etc. v. STAT [(1997) 1 SCC 650] wherein it was held that the existing rights saved by the repealed Act would be considered in accordance with the Rules. The ratio therein is not applicable because the existing Rules do not save any of the rights acquired or accruing under the Rules. On the other hand, this court had pointed out in paragraph 23 thus: (SCC pp. 664‐65, para‐22)

"Whenever an Act is repealed it must be considered, except as to transactions past and closed, as if it had never existed. The effect thereof is to obliterate the Act completely from the record of the Parliament as if it had never been passed it, (sic) it never existed except for the purpose of those actions which were commenced, prosecuted and concluded while it was existing law. Legal fiction is one which is not an actual reality and which the law recognises and the court accepts as a reality. Therefore, in case of legal fiction the court believes something to exist which in reality does not exist. It is nothing but a presumption of the existence of the state of affairs which in actuality is non‐existent. The effect of such a legal fiction is that a position which otherwise could not obtain is deemed to obtain under the circumstances. Therefore, when Section 217(1) of the Act repealed Act 4 of 1939 w.e.f July 1, 1989, the law in Act 4 of 1939 in effect came to be non‐existent except as regards the transactions, past and closed or saved."

10. The learned Senior counsel has further sought support of and relied upon the judgement in Deepak Agarwal and another vs. State of Uttar Pradesh and others (2011) 6 SCC 725 wherein the judgement in Y.V. Rangaiah’s case (supra) has again been distinguished, while the judgement in Dr. K. Ramulu’s case (supra) has been relied upon in the following manner:‐

“26. It is by now a settled proposition of law that a candidate has the right to be considered in the light of the existing rules, which implies the `rule in force' on the date the consideration took place. There is no rule of universal or absolute application that vacancies are to be filled invariably by the law existing on the date when the vacancy arises. The requirement of filling up old vacancies under the old rules is interlinked with the candidate having acquired a right to be considered for promotion. The right to be considered for promotion accrues on the date of consideration of the eligible candidates. Unless, of course, the applicable rule, as in Y.V. Rangaiah's case (supra) lays down any particular time frame, within which the selection process is to be completed. In the present case, consideration for promotion took place after the amendment came into operation. Thus, it can not be accepted that any accrued or vested right of the appellants

have been taken away by the amendment.

27 The judgments cited by learned counsel for the appellants namely B.L. Gupta Vs. MCD (supra), P. Ganeshwar Rao Vs. State of Andhra Pradesh (supra) and N.T. Devin Katti & Ors. Vs. Karnataka Public Service Commission & Ors (supra) are reiterations of a principle laid down in Y.V. Rangaiah's case (supra). All these judgments have been considered by this Court in the case of Rajasthan Public Service Commission Vs. Chanan Ram & Anr. (supra). In our opinion, the observations made by this Court in paragraphs 14 and 15 of the judgment are a complete answer to the submissions made by Dr. Rajiv Dhawan. In that case, this Court was considering the abolition of the post of Assistant Director (Junior) which was substituted by the post of Marketing Officer. Thus the post of Assistant Director (Junior) was no longer eligible for promotion, as the post of Assistant Director had to be 26 filled by 100% promotion from the post of Marketing Officer. It was, therefore, held that the post had to be filled under the prevailing rules and not the old rules.

28 In our opinion, the matter is squarely covered by the ratio of the judgment of this Court in the case of Dr. K. Ramulu (supra). In the aforesaid case, this Court considered all the judgments cited by the learned senior counsel for the appellant and held that Y.V. Rangaiah's case (supra) would not be applicable in the facts and circumstances of that case. It was observed that for reasons germane to the decision, the Government is entitled to take a decision not to fill up the existing vacancies as on the relevant date. It was also held that when the Government takes a conscious decision and amends the Rules, the promotions have to be made in accordance with the rules prevalent at the time when the consideration takes place.”

11. There is no quarrel with the legal proposition as expounded in the cases of Dr. K. Ramulu and Deepak Agarwal (supra) but the moot question is regarding its applicability to the fact situation obtaining in these cases. It is neither desirable nor permissible to pick out a word or a sentence from the judgement, divorced from the context of the question under consideration and treat it to be the complete `law’ declared by the Court. The judgement must be read as a whole and the observations from the judgement have to be considered in the light of the questions which were before the Court. A decision of the Court takes its colour from the questions involved in the case in which it is rendered and while applying the decision to a later case, the courts must carefully try to ascertain the true principle laid down by the decision of the Court and not to pick out words or sentences from the judgement, divorced from the context of the questions under consideration by the Court, to support their reasoning. (See: Commissioner of Income Tax vs. Sun Engineering Works (P) Ltd. (1992) 4 SCC 363. Likewise, it is also to be borne in mind that the observations in the judgement cannot be read like a text of a statute or out of context. (See: Hindustan Steel Works Construction Ltd. Vs. Tarapore & Co. and another (1996) 5 SCC 34.) .

12. In Dr. K. Ramulu’s case (supra), the specific stand of the State Government was that it did not intend to fill up the posts as per the existing rules and contemplated to fill up all the posts in terms of its revised policy of appointment. However, the Tribunal still gave directions contrary to the policy decision taken by the government necessitating the exposition of law by the Hon’ble Supreme Court in this factual backdrop of the case. This is not the fact situation obtaining in the present case, as it is nowhere the case of the State‐ respondent that it proposes to fill up the posts between July 2009 to 22.10.2009 on the basis of the amended rules or does not propose to fill up the same at all. Moreover, as would be clear from a bare reading of paragraph‐12 of the judgement in Dr. K. Ramulu’s case (supra), the legal position laid down in Y.V. Rangaiah's case has not been doubted and the only reason for its non‐applicability has been given in later part of paragraph‐12 in the following terms:‐

“……… In none of these decisions, a situation which has arisen in the present case had come up for consideration. Even Rule 3 of the General Rules is not of any help to the respondent for the reason that Rule 3 contemplates making of an appointment in accordance with the existing Rules.” It is also clear from paragraph‐ 13 of the judgement in Dr. K. Ramulu’s case that government therein had taken a conscious decision not to make any appointment till the amendment of the Rules. 13. Now, in so far as the judgement in Deepak Agarwal’s case (supra), is concerned the ratio laid down in Y.V. Rangaiah’s case was distinguished only on the ground that there was no statutory duty cast upon the respondent therein to prepare year‐wise panel of the eligible candidates or of the selected candidates for promotion and therefore, it was concluded that in no event had, any accrued or vested right of the appellants therein, been taken away by the amendment.

14. In none of the judgements relied upon by Sh. Dilip Sharma, learned Senior Counsel, was ever the ratio of Y.V. Rangaiah’s judgement doubted and the judgements have been rendered in the peculiar facts of those cases. While, in the present case the respondent‐ State has not taken any decision either not to fill up the posts in accordance with the old rules or taken a positive decision to fill up the posts on the basis of the amended rules. Rather tone and tenor of reply suggests that the State has chosen to abide by the directions passed in CWP No.4039 of 2011 (supra). Therefore, present cases are fully covered by the ratio of Y.V. Rangaiah's case (supra) and the decisions relied upon by Sh. Dilip Sharma, learned Senior Counsel have no application to the fact situation obtaining in the present case.

15. It would be fruitful here to notice the instructions issued by the State‐ respondent, whereby a D.P.C. is required to be held every year as would be clear from paragraph 16.7 of Hand Book on Personnel Matters, Volume-1 (Second Edition), which reads as under:‐

“16.7 Time schedule for holding meetings of D.P.C. The instructions contained in H.P. Govt. Deptt. of Personnel letter No.1- 13/73- DP(A- II) dated 27- 4-1983 (Annexure 6.18)provide that the time schedule for holding of regular Departmental Promotion Committee will be during the month of April -May. The subsequent instructions issued vide letter No.1 - 13/75-DP (AP-II) dated14-2-1984(Annexure 16.22) provided that meeting of the Departmental Promotion Committee may be held once a year in the month of April every year as far as possible. The latest instructions contained in letter No.1-13/75-DP (A-II) dated 6-9-1984 and letter No. Per(AP-II) B(3)-1/94dated 16-11-1994 (Annexures 16.25 and 16.55) provide that meetings of the Departmental Promotion Committees for making promotions should be held during the first quarter of the financial year as far as possible for all the existing and anticipated vacancies. For unanticipated vacancies , fresh meetings of the Departmental Promotion Committees for making promotions should be held during the course of the year within three months from the date of creation of the posts.”

Once the instructions clearly provide for holding of the D.P.C. every year, which essentially will consider filling up of clear as also anticipated vacancies therefore, it is obligatory upon the government to fill up the vacancies in terms of the rules prevailing at the time when the vacancies arose, unless and until a conscious decision to the contrary is taken by the government.

16. Above all, as per doctrine of precedence, this court is bound by the judgement passed by a coordinate Bench of this court in CWP No. 4039 of 2011 titled Smt. Chander Kanta vs. State of H.P. & ors. decided on 3.1.2012 and even otherwise I have not been persuaded or convinced to take a contrary view.

17. In view of above discussion and for the reasons stated above, all the petitions are allowed and it is directed that in the event of filling up the backlog vacancies, particularly the vacancies which have arisen between July 2009 to October 2009 shall be filled up on the basis of rules prevalent at that time. i.e. the Himachal Pradesh Education Department Service Rules, 1973 Rules and it is specifically made clear that the rules as amended on 22.10.2009 and thereafter on 16.7.2011 or any other subsequent rules shall not be taken into consideration while making the appointments to the post of TGT’s (Medical/ Non‐medical).

No costs.

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Thursday, August 27, 2020