SARITA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court in the instant proceedings, praying therein for following main reliefs:

(2.) Precisely, the facts of the case, as emerge from the record are that the petitioner was appointed as Steno Typist in the Directorate of Food, Civil Supplies and Consumer Affairs, Himachal Pradesh, in September, 1996 on the recommendations of HP Public Service Commission, Shimla. The petitioner joined against the post as detailed herein above on 19/9/1996 and thereafter, she was promoted to the post of Jr. Scale Stenographer in terms of R&P Rules for the post of Jr. Scale Stenographer in the Food and Supplies, vide government notification No.FDS-A(3)-4-99 dtd. 22/11/2003. As per aforesaid R&P Rules, wherever there are more than one channel for the promotion, option shall be taken from the person being considered for promotion. In the case at hand, respondent department before promoting the petitioner to the post of Jr. Scale Stenographer also took her option dtd. 27/5/2008 as is evident from Annexure R-1 adduced on record by the respondents alongwith their reply. Consequent upon aforesaid promotion, petitioner joined as Jr. Scale Stenographer on 25/9/2009 and during her such posting, she filed representation dtd. 19/10/2010 (Annexure P-3) to the department stating therein that since she is working as Jr. Scale Stenographer on probation, she is eligible for promotion as Junior Auditor. However, such request of her was not accepted by the department and department vide communication dtd. 25/11/2020 (Annexure P-4) apprised the petitioner that there is no provision available in the R&P Rules for promotion of the Jr. Scale Stenographer to the post of Junior Auditor.

(3.) Since prayer of the petitioner for promotion to the post of Junior Auditor was not accepted by the department, she vide communication dtd. 31/5/2011, requested the department to revert her back to the post of Steno Typist (Annexure P-5). Vide office order dated 4.7.20111, Directorate of Food, Civil Supplies and Consumer Affairs reverted the petitioner to the post of Steno Typist, against which, she was initially appointed in September, 1996. On 17/1/2012, petitioner by way of representation represented to the department that since she stands reverted to the psot of Steno Typist and she is number one in the seniority of Steno Typist, her case may be considered for promotion to the post of Junior Auditor (Annexure P-7), however, fact remains that aforesaid representation filed by the petitioner never came to be decided, rather remained pending for one reason or the other and in the meantime, Government of Himachal Pradesh vide notification dtd. 4/10/2012, ordered for merger of the cadre of Junior Auditor with that of Senior Assistant (Annexure P-8). Petitioner again vide representation dtd. 28/12/2012 (Annexure P-9), requested the department to promote her to the post of Junior Auditor, but such prayer of her was not paid any heed. Interestingly, department totally ignoring the fact that petitioner was earlier promoted to the post of Steno Typist in September, 1996 and thereafter, she herself sought reversion from the post of Jr. Scale Stenographer, again called upon the petitioner to give option for her promotion to the post of Jr. Scale Stenographer. Vide order dtd. 18/1/2014, department once again promoted the petitioner to the post of Jr. Scale Stenographer, to which post, she otherwise stood promoted on 2009 and subsequently, was reverted back to the post of Steno Typist in July, 2011. Aforesaid promotion was not accepted by the petitioner and she again vide communication dtd. 11/4/2014, requested the department to consider her for promotion to the post of Junior Auditor but such prayer of her was rejected vide communication dtd. 28/7/2014, on the ground that there is no post of Junior Auditor in the department as cadre of Junior Auditor stands merged with the cadre of Senior Assistant. In the aforesaid background, petitioner has approached this court, praying therein for the reliefs as have been taken note herein above.