IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 3079 of 2008. Decided on 22.3.2011 Rakesh Gupta ..…Petitioner. Versus State of Himachal Pradesh and others. …. Respondents. _____________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. H.K. Paul, Advocate For the respondents No.1 & 2 : Mr. Anil Jaswal, Deputy Advocate General. V.K. Sharma, Judge (Oral) The petition has been filed on the following prayers vide para 7 (a) to ( c ) : “ (a) The action of the respondents in considering and promoting the respondents No.3 to 5 as Senior Assistants may kindly be held to be wrong, illegal and arbitrary and their promotions as Senior Assistants may kindly be quashed and set aside in the interests of justice. (b ) The respondents No.1 and 2 may kindly be directed to consider the applicant for promotion and promote him from the date of vacancy prior to the date of promotion of respondents No.3 to 5 with all consequential benefits. 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 ( c ) The applicant may kindly be held to be senior to the respondents No.3 to 5 in the cadre of Senior Assistants.” 2. In reply on behalf of respondents No.1 and 2 the following stand has been taken vide paras 3 and 6 (vi) : “ 3. That the contents of this para are admitted to the extent that the applicant is posted as Junior Assistant in this office. It is not denied that the applicant was not considered for promotion during the promotion of respondent No.3 to 5. It is submitted that the applicant was earlier promoted in the Departmental Promotion Committee held on 30.3.2005 and the offer of Promotion to the post of Senior Assistant was given to the applicant on 16.11.2005. The applicant failed to join his duty on Promotion within stipulated period. As per Government instructions issued by the Personnel Department vide letter No. Per (AP-B) B(11)-2/2004 dated 27th August, 2004 (copy attached) as Annexure R-1 the applicant was not entitled to be considered for promotion for a period of one year as the next DPC Meeting was held on 26.7.2006. 6 (vi) That the contents of this para are not denied that the officials except (a) Shri Satya Prakash, ( e ) Sr. No.39 Shri Rakesh Gupta and (g) Sr. No.41 Shri Gulab Singh, were to join the promotional posts on or before 30.3.2006.” 3 3. Rejoinder refuting the above stand on behalf of respondents No.1 and 2 and reiterating the averments set up in the petition has been filed. 4. Admittedly, the petitioner was considered and selected for promotion to the post of Senior Assistant in the DPC held on 30.3.2005. Consequently, vide office order dated 16th November, 2005, Annexure A-2, he was promoted as Senior Assistant and posted in the Office of Sub Divisional Officer (Civil), Chopal. However, he did not join the promotional post at Chopal, within the stipulated period. Resultantly, he forfeited his right for being considered for promotion as Senior Assistant for a period of one year in terms of instructions issued vide letter dated 27th August, 2004, Annexure R-I. The next DPC was held on 26.7.2006. However, the petitioner was not considered and instead one Shri Satya Prakash who was also promoted along with the petitioner in terms of DPC held on 30.3.2005 and had not join within the stipulated period, was considered and promoted as Senior Assistant, thus discriminating the petitioner. 5. In view of the above, the petition is allowed with a direction to respondents No.1 and 2/competent authority to consider the case of the petitioner for promotion to the post of Senior Assistant along with consequential benefits, if any, strictly in accordance with the instructions dated 27.8.2004, Annexure R-I, by holding a review DPC to the DPC held on 26th July, 2006, within three months from the date of production of copy of this judgment by the petitioner on the analogy of the said Shri Satya Prakash. 4 6. The petition stands disposed of, so also pending CMP (s), if any. (V.K. Sharma) Judge 22nd March, 2011. cs