KAUSHALYA DEVI Vs. STATE OF H. P.

JUDGEMENT

(1.) The petitioner was appointed as Peon in the respondent-Department vide office order dtd. 5/11/1997 (Annexure P-1) and she was posted in the office of Registrar Cooperative Societies, Shimla. The petitioner was promoted as Clerk vide office order dtd. 27/6/2005 (Annexure P-2) and she performed her duties as such till the year 2007. However, in the same year she suffered neurological disorder and had requested the department to revert her back to the post of Peon. The request of the petitioner was accepted by the respondent-department and vide office order dtd. 8/6/2007 (Annexure P-3), the petitioner was reverted back to the post of Peon. The petitioner worked as Peon in the respondent-Department till the year 2008 and since now she was fit for duties, she submitted a medical fitness certificate (Annexure P-4) to the respondent-Department. Thereafter, the petitioner was again promoted to the post of Clerk vide office order dtd. 31/12/2008 (Annexure P-5), but in the promotion order, the respondents have put conditions that she has to pass 10+2 examination till 2011 and also has to qualify typing test within six months with minimum speed of 25 words per minute in Hindi/English, failing which, her promotion will be withdrawn.

(2.) Consequently, the petitioner passed her typing test as per the condition laid down in the promotion order, within the prescribed period and also started pursuing her studies of 10+2, however, she could not pass her 10+2 examination, as stipulated by the respondent-Department and made a representation (Annexure P-6) to respondent No. 2 requesting therein that she is going to appear in 10+2 examination, which has been scheduled to be held w.e.f. 7/4/2012, as such, three months further time be given to her for passing the 10+2 examination. The petitioner appeared in 10+2 examination in the month of April, 2012 and her result was awaited, however, in the meantime, the request made by the petitioner qua extension of time was rejected by the respondents vide order dtd. 7/6/2012 (Annexure P-7). Consequently, vide order dtd. 11/7/2012 (Annexure P-8), the petitioner was reverted back from the post of Clerk to the post of Peon.

(3.) Feeling aggrieved by reversion order, dtd. 11/7/2012 (Annexure P-8), the petitioner preferred the instant petition.