ROOP LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was appointed as Agriculture Inspector on 15.1.1988. He was confirmed on 12.12.1994. Respondent No. 4 was appointed on 21.1.1988. Petitioner is at Sr. No. 200 of the seniority list of Officers of H.P. Agriculture Services Class-I (Gazetted), as it stood on 1.1.2006. Respondent No. 4 is at Sr. No. 199. The promotion to the post of Block Development Officer is governed under the Recruitment and Promotion Rules called "The Himachal Pradesh Rural Development Department, Block Development Officer, Class-I (Gazetted) Recruitment and Promotion Rules, 2003 (hereinafter referred to as "Rules" for brevity sake). The post of Block Development Officer is a "selection post" as per Rules. The process for filling up the post of Block Development Officer by way of promotion was initiated by the respondent-State. The Departmental Promotion Committee was convened by respondent No. 3 on 14.8.2007. Petitioner, respondent No. 4 and one Sh. Khem Chand Sharma were considered for promotion to the post of Block Development Officer. Name of respondent No. 4 was recommended for promotion to the post of Block Development Officer pursuant to notification dated 9.10.2007.

(2.) Mr. Trilok Jamwal has strenuously argued that respondent-State has not considered the case of the petitioner and respondent No. 4 strictly in accordance with law for promotion to the post of Block Development Officer. According to him, since the post was "selection post", the merit should have prevailed instead of seniority. He finally contended that the Departmental Promotion Committee was required to look into the entire service record of the petitioner and respondent No. 4 instead of only looking at the Annual Confidential Reports preceding five years commencing from 2001-2002 to 2005-2006.

(3.) Mr. Vikas Rathore, learned Deputy Advocate General and Mr. D.K. Khanna have strenuously argued that respondent No. 4 was senior to the petitioner and on the basis of average grading, respondent No. 4 has rightly been promoted to the post of Block Development Officer.