D.N. LAKHANPAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dtd. 1/7/2015, whereby petitioner was not found suitable for promotion to the post of Director, Technical Education (Annexure A-8), he approached erstwhile H.P. State Administrative Tribunal by way of O.A. No. 5440 of 2015, which now on account of abolishment of Tribunal, stands transferred to this Court and registered as CWPOA No. 6509 of 2019, praying therein for the following main reliefs:

(2.) For having bird's eye view, certain undisputed facts, which may be relevant for adjudication of the case at hand are that petitioner was promoted as Joint Director vide Notification dtd. 6/4/1999 (Annexure A-1) and as such, he joined against the aforesaid post on 7/4/1999. (Recruitment and Promotion) Rules for the post of Director of Technical Education, Vocational and Industrial Training, as placed on record (Annexure A-2) reveal that Post of Director is to be filled by promotion from amongst the Joint Director (Technical Education) with 3 years regular service failing which from amongst the Joint Director (Technical Education) with 3 years regular service as Joint Director and Principle Polytechnic combined. Though in the year 1999, petitioner had become eligible to be promoted to the post of Director Technical Education, in terms of Rule 11 of the (Recruitment and Promotion) Rules (Annexure A-2), but respondents-State ignoring the claim of the petitioner, appointed one Sh. Chamel Singh (HAS), as Director Technical Education after transferring him from Controller, Printing and Stationery Department, Govt. of Himachal Pradesh. Being aggrieved and dissatisfied with the aforesaid action of the respondents, petitioner filed O.A. No. 2194 of 2000, laying therein challenge to notification dtd. 9/12/1999 (Annexure A-3), whereby above-named Chamel Singh HAS Officer, was appointed as Director.

(3.) Claim put-forth by the petitioner was opposed by the respondents in the aforesaid Original Application by filing reply as well as supplementary affidavit, wherein respondents placed on record notification dtd. 24/10/2000 (Annexure A-4) to demonstrate that (Recruitment and Promotion) Rules to the post of Director Technical Education Vocational and Industrial Training, as placed on record (Annexure A-2), stand amended vide Notification dtd. 24/10/2000, wherein respondents provided that post of Director can be filled by promotion from amongst the Joint Director (Technical Education) with three years regular service or regular combined with continuous adhoc (rendered upto 31/3/98) service, failing which by promotion from amongst the Joint Director (Technical Education) with 5 years regular service or regular combined with continuous adhoc (rendered upto 31/3/98) service combined as Joint Director and as Principal (Poly.), which shall also include essential service of two years as Joint Director or by deputation from amongst the incumbents of the IAS/HAS Officers.