MOHAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) EVEN though, petitioner has prayed that he be promoted as an Operator, J.C.B. machine from the date when persons junior to him were promoted, but during the course of the submissions, my attention was invited to Para -2 of the preliminary submissions of the reply filed by the respondents, wherein respondents have themselves admitted that name of the petitioner could not be considered for promotion/ up gradation for the reason that since the Air Compressor on which petitioner was deployed was not in a working condition on 1.2.2011 his candidature could not be sponsored for up -gradation of the post. Perusal of Paras -3 and 4 of the reply on merits, evidently fortifies the petitioner's stand that he had worked for more than three years as an Operator on the Air Compressor, apart from having worked as Operator on J.C.B. machine for a period of 72 days. Now simply because the machine was not working cannot be ground for non consideration of his candidature for promotion. No fault has been found with his performance or discharge of duties. Only he has been left out and persons similarly situated considered and benefit accorded. In view of the aforesaid stand taken by respondents themselves, as orally prayed for by the petitioner, direction is issued to respondent No.2 to consider the petitioner's case for up -gradation of his post as a Driver of Air Compressor. Needful, in accordance with law, by affording opportunity to all concerned, be positively done within a period of three months from the date of production of certified copy of this order. While taking decision, respondents shall ensure that all monetary benefits, due and admissible, if any, payable to the petitioner be also released.