ALKA KAINTHLA Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner stakes her name for promotion to the post of Deputy Director (Language) on the ground that she is senior to respondent No.3 and possesses same educational qualifications as possessed by respondent No.3. Her further claim is that the respondents are required to be directed to carry out amendment in the Recruitment and Promotion Rules for the post of Deputy Director (Language).

(2.) Following facts emerge from the pleadings and submissions made by learned counsel for the parties:-

(3.) Heard learned counsel for the parties and considered the case file. Learned counsel for the petitioner submits that the petitioner had though exercised option on 1/7/2020 for regular promotion to the post of Assistant Director (Publication), however, she had withdrawn her option on 14/8/2020 for promotion to the post of Assistant Director (Publication) and expressed intention for promotion to the post of Assistant Director (Language). In spite of this respondents promoted her to the post of Assistant Director (Publication) on 29/8/2020. This promotion has caused serious prejudice to the petitioner. The respondents could not have acted upon her option dtd. 1/7/2020. It is the petitioner, who ought to have been promoted to the post of Assistant Director (Language) and not respondent No.3. Learned counsel for the petitioner also submitted that feeder channels for promotion to the post of Deputy Director (Language), in terms of applicable R&P Rules, are Assistant Director (Language) and Assistant Director (Archives), whereas for the post of Deputy Director (Performing Arts/Fine Arts), the feeder channels are Assistant Director (Performing Arts/Fine Arts) Assistant Director (Publication). All the posts of Assistant Directors, be it of Language/Archives/Publication/Fine Arts, require/carry same qualifications. The respondents could not have created artificial distinction by providing separate feeder channels of promotions to the post of Deputy Director (Language) and Deputy Director (Performing Arts/Fine Arts). Accordingly, amendment is necessitated in the Recruitment & Promotion Rules for the post of Deputy Director (Language). The post of Assistant Director (Publication) held by the petitioner is also required to be treated as feeder channel for promotion to the post of Deputy Director (Language).