DHARAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE case of the petitioner is that for the first time in his service career he was offered promotion as a Water Pump Operator -II (WPO -II) in higher pay scale vide order dated 25.4.2013. He did not accept the offer since he was working as a Mali -cum -Chowkidar and being close to retirement was happy doing that work. This was also for the reason that Note 4 of the order of promotion laid down that the orders will be effective from the date the official joins duty on the promotional post. By not accepting the offer, the petitioner had rendered the promotion order infructuous qua him and he continued to work as Mali -cum -Chowkidar. A Mali -cum -Chowkidar is a Class -IV post where the age of retirement is 60 years whereas on the promotional post of WPO -II which is a Class -Ill post the age of retirement, if he were to accept the promotional post, is 58 years. Now vide impugned order passed by the Sub Divisional Engineer, Public Health Mechanical, Sub Division, Ladwa, Kurukshetra, the petitioner has been relieved from the post of Mali -cum -Chowkidar without notice or hearing on 29.11.2013 and has been directed to submit his joining report as WPO -II in his office. If the petitioner is not willing to accept the promotional post and wants to forego it, no law can compel promotion on an unwilling person. In such cases, rule prohibits for certain period revival of claims for promotion to the same post to discourage people to forego promotion when offered. However, the impugned order dated 29.11.2013 compels the petitioner to act contrary to his will and therefore, is oppressive to his nature.

(2.) NOTICE of motion.

(3.) IF it is not disputed that the petitioner did not accept the offer by exercise of choice, there is little anybody can do anything about it and therefore, Mr. Rathee appreciates this legal and factual position and does not insist that in this case, the State must contest the case by filing its reply.