RAMESH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) In this petition, order dated 30.5.2018, Annexure P-5 whereby promotion of the petitioner as Assistant Professor (Microbiology) kept in abeyance has been sought to be quashed and set aside and he is allowed to join as Assistant Professor (Microbiology) at Shri Lal Bahadur Shashtri Govt. Medical College, Ner Chowk (Mandi) during the pendency of OA No. 2849 of 2018. Also that, the hearing of the O.A. may be ordered to be expedited.

(2.) The record reveals that consequent upon order dated 21.11.2017, passed in OA No. 6947 of 2016 and order passed in Contempt Petition No. 114 of 2018, the Departmental Promotion Committee had recommended the promotion of the petitioner against the post of Assistant Professor (Microbiology). Consequently, the notification dated 28.5.2018 (Annexure P-2) came to be issued and the petitioner appointed as such in Shri Lal Bahadur Shashtri Govt. Medical College, Ner Chowk (Mandi) against a vacant post. However, consequent upon interim order dated 23.5.2018 (Annexure P-3), passed by erstwhile H.P. Administrative Tribunal in OA No. 2849 of 2018 preferred by respondents No. 4 to 6, he was not allowed to join his duties. On enquiry, he came to know that the interim order has been sought by respondents No. 4 to 6 without impleading him as party-respondent in the Original Application they preferred. This has led in filing a Misc. Application registered as MA No. 1191 of 2018 with a prayer to implead him as party respondent in OA No. 2849 of 2018. The said application was allowed vide order dated 14.6.2018 (Annexure P-4). The application registered as M.A. No. 1192 of 2018 filed by him for vacation of interim order dated 23.5.2018 was adjourned for filing reply. Though, he filed reply to the O.A. also after his impleadment as party respondent therein, however, neither O.A. nor application he preferred for vacation of the interim order could be taken up for consideration and passing appropriate order till 26.7.2019 when the H.P. Administrative Tribunal was abolished by the respondent-State vide notification issued in this regard. The complaint is that the record of O.A. No. 2849 of 2018 is lying in the erstwhile H.P. Administrative Tribunal. On the other hand, irrespective of he has been promoted long back on 28.5.2018 has not been allowed to join his duties consequent upon the interim order dated 23.5.2018. It is in this backdrop, the relief as pointed out at the very outset has been sought to be granted.

(3.) Heard Ms. Seema Guleria, Advocate, learned counsel for the petitioner, Mr. Ajay Vaidya, Sr. Addl. Advocate General for the respondent-State and Mr. Adarsh K. Vashishta, Advocate for respondents No. 4 to 6.