BALBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for following substantive reliefs:

(2.) The case of petitioner is that he was appointed as Trained Graduate Teacher (TGT) by respondents and joined as such on 13/12/1988. Petitioner was promoted as Lecturer in History (School Cadre) in September, 2005 but he was allowed to forego the promotion on his request on account of compelling family circumstances. Vide letter dtd. 6/5/2006, petitioner applied to respondent No.2 to post him as Lecturer in History, in pursuance to his promotion order, as his domestic problem had settled. Petitioner was accordingly allowed to join as Lecturer in History (School Cadre) and since then had been working as such.

(3.) On 31/7/2014, petitioner made a written representation to respondent No.2 against non-inclusion of his name in the list of incumbents, promoted as Headmasters, issued on 2/1/2014. It was submitted that petitioner was at Sr. No. 2809 of the seniority list of TGTs and though the incumbents finding place at Sr. No. 2840 of seniority list had been considered for promotion but the name of the petitioner had been ignored. The representation of the petitioner was rejected in October, 2014 on the ground that the petitioner had already opted for promotion to the post of Lecturer and option once exercised by him could not be changed.