LAWS(HPH)-2014-5-109

PRAKASH CHAND Vs. STATE OF HIMACHAL PRADESH

Decided On May 17, 2014
PRAKASH CHAND Appellant
V/S
STATE OF HIMACHAL PRADESH AND OTHERS Respondents

JUDGEMENT

(1.) A short question which arises for consideration in these writ petitions as to whether despite there being vacancies and because of non -convening of D.P.C.s. within the time schedule, the claim of the petitioners can be defeated only for the reason that they had crossed 57 years of age when the placement order had actually been issued on 20.11.2013, while it is the admitted case of the parties that the panel for promotion to the post of Deputy Director was sent to the Government on 07.05.2013 when the petitioners had not crossed 57 years of age.

(2.) IN Handbook on Personnel Matters Volume -I (Second Edition) published by the Government of Himachal Pradesh, Chapter 16 relates to promotions and selection grade, Part -A thereof relates to the Departmental Promotion Committees. In terms of Clause 16.7, time schedule for holding meetings of D.P.C. has been provided. The relevant portion whereof reads as under: -

(3.) IT was further contended that "the seniority of Principals from the Headmaster Cadre had been circulated on 26.09.2006 and all the incumbents, who were mentioned in the said notification either were placed as Deputy Directors or retired and the panel had exhausted.