1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 8346 of 2011 Decided on: 21.9.2011 Ramesh Gupta ....Petitioner Versus State of H.P. & others …Respondents The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner : Mr. Tek Chand Sharma, Advocate. For the respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General. Justice Kurian Joseph, C.J. (Oral) The petitioner is a physically challenged person, presently working as Junior Assistant at Mandi. According to the petitioner, he is blind to the extent of 100%. Now, he has been granted promotion as Senior Assistant. Since the post of Senior Assistant is not available at Mandi, he is transferred to Shimla. According to the petitioner, the vacancy is likely to arise in January, 2012 at Mandi, on account of superannuation, in which case, he can be accommodated therein and till such time, the promotion may be deferred. 2 2. Postponement of increment is permissible under the Service Law. If that be so, postponement of promotion should also be available. In case the petitioner does not want his promotion to be given effect to immediately, an option should be given to him, in the peculiar facts and circumstances of this case to have the effect of the promotion on a future date. The peculiar facts and circumstances of this case are that being a blind person, he cannot relocate himself at a distance place and in unfamiliar surroundings. 3. Therefore, this writ petition is disposed of, making it clear that until and unless the petitioner is accommodated in a suitable vacancy arising either on account of superannuation or otherwise, in or around Mandi, his promotion shall be deferred and he shall be permitted to continue as Junior Assistant. 4. Pending application(s), if any, also stands disposed of. A copy of this judgment, duly authenticated by the Court Master, be supplied to the parties. (Justice Kurian Joseph), Chief Justice. September 21, 2011 (Justice Rajiv Sharma), (sck/hl) Judge.