CHAND PARKASH Vs. STATE OF HP

JUDGEMENT

(1.) Petitioner is presently working as General Manager, District Industries Centre (D.I.C.), Bilaspur, H.P.

(2.) The case of the petitioner in a nut shell is that he had exercised his option to be considered for promotion to the Himachal Pradesh Administrative Service (HPAS for short) in the year 1996 and then again in the year 2002 but he was not considered/selected.

(3.) The petitioner challenged the action of the respondents by way of filing O.A. No. 2209 of 2005 titled Chand Parkash Vs. State of H.P. and others. Vide order dated 7.9.2005, the petition was disposed of by the Tribunal with a direction passed on the request made on behalf of the learned counsel for the applicant that the Original Application shall be treated as a representation to the Chief Secretary, who shall consider and dispose it of within a period of six weeks from the date of the copy of the order was received. The order has been filed as Annexure:A-12. Pursuant to the judgment, it is undisputed before me that the petitioner represented to the Chief Secretary vide Annexure:A-11 detailing the circumstances under which he had preferred his option to be considered for the HPAS as that was one avenue of promotion available to him. In short, the petitioner set out in his representation that in 2003 and 2004, the Department of Industries and Personnel decided to consider General Manager of District Industries for promotion to HPAS and the names of all General Managers were forwarded to the H.P. Public Service Commission by the Department of Personnel. In these circumstances, he submits that he exercised his option of being considered to be promoted to the post of General Manager, DIC, on 31.8.2004 and he was as such promoted on 6.12.2004. This option according to him was exercised to keep the first option of being considered to HPAS alive as that was his only considered choice. The petitioner further pleaded that the Public Service Commission sent back the case to the Government with the observation that the feeder category could only be Manager, DIC and not General Manager. The petitioner then pleads that the Department of Personnel is considering officers of other Departments, namely, Co-operative Department, Labour & Employment Department etc. who were earlier promoted to a higher post to induct them into HAS, but they have been reverted back to the feeder category for consideration as such and the same set of rules/treatment should be given to the petitioner.