BHAWANI SINGH CHAUHAN Vs. STATE OF HP

JUDGEMENT

(1.) The applicant was promoted as joint Director of Education and joined as such on January 28, 1997 (afternoon). He was promoted on adhoc basis as Additional Director of Education and joined the new post of January 8, 1998, In the seniority list of Joint Directors of Education (School Cadre)as on January 1, 1998 circulated vide Annexure -A/4, the applicant has been shown at SI. No.1. According to Recruitment and promotion Rules for the post of Director of primary Education notified vide notification dated December 27, 1985 the post of Director Primary Education is to be filled 100 percent by promotion failing which by direct recruitment and promotion is to be made from amongst the Joint Directors of Education (School) having atleast two years regular or regular combined with adhoc service rendered upto December 31, 1983. According to the applicant he was to fulfill these qualifications in January 1999 and hence he made a representation dated June 4, 1998 vide Annexure -A/6 requesting the respondents to consider him for promotion. He submitted another representation Annexure -A/7 dated April 8, 1999 for his promotion as Director of primary Education. As no action was taken on the representation he filed the present application praying for issuance of directions to the respondents to consider the claim of the applicant for promotion to the post of Director of Education (Primary) w.e.f. January 28, 1999 in accordance with Recruitment & Promotion Rules or from any other date from which this Tribunal may deem fit.

(2.) The respondents in their reply have resisted the claim of the applicant on the ground that the post in question is being manned by an Officer of IAS cadre since long and now an HAS Officer has been posted against this post. It has also been stated that Recruitment & Promotion Rules had been notified on December 27, 1985 but since then many new concepts have evolved for the growth of Primary Education; at present, apart from his routine work, the Director of Primary Education is required to discharge the duties towards Class Project under Centrally Sponsored Scheme for computerisation and other Centrally Sponsored Schemes. Further. That he has to act as Mission Director of District Primary Education programme; many other ambitious projects for growth of primary Education are also being taken up. Therefore, the work and responsibilities which are discharged by the Director of primary Education have changed vastly and it is essential that the post is manned by relatively Young and energetic officers who have administrative experience and acumen to handle the entire work efficiently. That the departmental candidates are generally on the verge of retirement and do not exhibit these qualities in sufficient measure. On these grounds it has been prayed that the present application may be rejected, being devoid of merit.

(3.) On the other hand the applicant in his rejoinder has stated the above ground given by the respondents are not correct as several officers have been posted from IAS/HAS as Directors Primary Education in the past few years who had a very small tenure and it was not possible for them to discharge the onerous duties for which they had been posted.