RAM PARKASH PANCHHI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was appointed as a Clerk in the year 1959. He was promoted to the post of Junior Auditor in 1962. Thereafter, he was promoted to the post of Accountant in 1973. He was promoted to the post of District Inspector on 01.12.1976. He was confirmed on 02.01.1980. However, he was not considered for promotion to the post of District Food & Supplies Controller. One Shri Tek Ram Verma filed C.W.P. No. 279 of 1983 in this Court. In C.M.P. No. 1995 of 1986, the directions were issued by this Court. The order passed in C.M.P. No. 1995 of 1986 has been reproduced in the writ petition. Case of the Petitioner was not considered for promotion, however, the persons mentioned at Sr. No. 20 and 21, were promoted to the post of District Food and Supplies Controller on 22nd September, 1986. Thereafter, further promotions were made on 27th June, 1988. Petitioner filed an Original Application No. 215 of 1988 before the erstwhile learned Himachal Pradesh Administrative Tribunal. The interim order was passed by the learned Tribunal on 29th June, 1989. The Original Application was disposed of by the learned Tribunal on 11th August, 1989 with a direction that the investigation of the criminal case, which was registered in August, 1987 be completed by 30th November, 1989 and thereafter, the Petitioner be considered for adhoc promotion on merit, in case he was exonerated in the investigation of the criminal case. Petitioner was promoted to the post of District Food and Supplies Controller on adhoc basis on 07.02.1990 and was regularly promoted on 17.11.1993.

(2.) MR . D.P. Gupta, learned Counsel for the Petitioner has strenuously argued that the case of the Petitioner was required to be considered for promotion to the post of District Food and Supplies Controller w.e.f. 22.09.1986, when two incumbents figuring at Sr. Nos. 20 and 21, were promoted. His further case is that his client has been over -looked for promotion, even on 27th June, 1988, when the persons at Sr. Nos. 10, 18 and 22, were promoted to the post of District Food and Supplies Controller. He further argued that no criminal case was ever instituted against the Petitioner and the Petitioner was only cited as PW -14 in the Sessions Trial No. 01 of 1999, decided on 24.05.2003.

(3.) I have heard the learned Counsel for the parties and gone through pleadings carefully.