RAJ KUMARI SOOD Vs. SECRETARY EDUCATION

JUDGEMENT

(1.) PETITIONER was promoted to the post of Centre Head Teacher on 14.12.1999. She was directed to join her duties within a period of ten days at GPS, Sunam. Following conditions were imposed in order dated 14.12.1999:-

(2.) ADMITTEDLY, petitioner had not joined her duties on promotion as Centre Head Teacher at Sunam. Accordingly, her promotion as per condition No.2 was treated as cancelled. Mr. Raj Negi, Advocate appearing vice counsel for the petitioner has relied upon Instruction No.16.21 contained in Hand Book on Personnel Matters, Vol.-I at page 531. A bare perusal of this instruction makes it clear that in case a Government employee does not want to accept a promotion which is offered to him, he may make a written request that he may not be promoted and the request will be considered by the appointing authority, taking relevant aspects into consideration and thereafter other consequences are to follow. In this case, the petitioner has not placed on record any tangible evidence to prove that she had ever made a written request to the competent authority to forego her promotion. It is only in those cases where written request is made that the other consequences are to follow. Since the petitioner has not made any written request, her case could not be considered within the period prescribed in the instructions or when the next vacancy arises.