CWP No. 3460/2011 28.07.2011 Present: Mr. Sanjeev Bhushan, Advocate, for the petitioner. Mr. R. M. Bisht, Dy. A.G for respondents No.1 to 3 Petitioner has prayed mainly for the following relief:- “1) That a writ in the nature of mandamus may kindly be issued, thereby directing the respondents to conduct a review DPC and to consider the case of the petitioner for promotion to the post of Under Secretary on and with effect from 31.12.2010 with all consequential benefits of pay, arrears, seniority etc. etc.” 2. Petitioner has worked as a Section Officer. No departmental proceedings/ inquiry is pending against him. It appears that he has been discharging his duties to the satisfaction of the employer. For the post of Under Secretary, being the next higher promotional post, his case was not considered by the DPC for the reason that he did not qualify the departmental examination in the subject of Hindi. From Annexure P-3, it is evident that his case for promotion was processed initially but was subsequently withdrawn by the Section Officer and not the higher authorities. Further, the Himachal Pradesh Departmental Examination Rules, 1997 clearly provide that an officer who has qualified the departmental examination in whole or in part, prescribed under any other rules shall not be required to qualify the whole or in part of the examination, as the case may be. In the instant case, DPC was to be held on 23.12.2010. From Annexure P-3, it is also apparent that prior to the said date, the department was fully aware that officers, including the petitioner, had qualified the departmental examination and as such his case ought to have been considered by the Committee in its meeting to be held on 23.12.2010. An officer at a junior level could not have over ruled the decision taken by a superior officer and withdrawn the proposal. 3. In this view of the matter, petition needs to be allowed. Respondent No.2 is directed to conduct a review DPC for consideration of the petitioner’s case for promotion to the post of Under Secretary in accordance with law. The review DPC shall take into account the fact that person(s) junior to the petitioner stands promoted. Necessary and consequential action shall be taken within a period of four weeks from the date of receipt of the certified copy of this judgment. 4. With the aforesaid observations, petition stands disposed of. Copy dasti. July 28, 2011 ( Sanjay Karol ), (rana) Judge.