IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2823 of 2008. Decided on 29.11.2010. ____________________________________________________ Arun Sharma. …Petitioner. -Versus- State of H.P. and another. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1No. __________________________________________________________ For the petitioner. : Mr. Sanjeev Bhushan, Advocate. For the respondents. : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner was appointed as Female Health Worker on 27.01.1982. She joined her duties at Sub-Centre, Gushani, under Primary Health Centre, Banjar in District Kullu, H.P. Thereafter, the petitioner was transferred to Sub-Centre, Kinja, under Primary Health Centre, Naggar in District Kullu, H.P. The post of Female Health Worker is in feeder category to the post of Female Health Supervisor. Petitioner had already completed six months training course for the post of Female Health Supervisor. The name of the petitioner was considered by the duly constituted Departmental and Promotion Committee for the post of Female Health Supervisor. Vide office order dated 30th August, 2008, the promotions were made to the post of Female Health Supervisor in the pay scale of `5480-8925. However, name of the petitioner did not figure in this order. 1 Whether the reporters of the local papers may be allowed to see the judgment?.No. - 2 - 2. Case of the respondents, in a nut-shell, is that the petitioner had remained absent from duties w.e.f. 06.03.1982 to 25.06.1984. The service period qua the petitioner has been counted for the purpose of seniority, promotional training course and promotion etc. w.e.f. 25.06.1984 instead of 27.01.1982. The name of petitioner was deleted by holding a review Departmental Promotion Committee from Sr. No. 61 of the final seniority list, as it stood on 31.06.2006 and also from the memorandum/D.P.C. held on 27.08.2008. Accordingly, after alteration, her seniority stood at Sr. No. 328 instead of Sr. No. 61. The report of the enquiry officer was not placed on record. Petitioner filed a Civil Miscellaneous Petition, seeking direction to the respondents to place on record the copy of the enquiry report. Thereafter, the respondent-State has filed an affidavit alongwith Annexure R-2/IV, dated 27.02.2009. A bare perusal of Annexure R-2/IV reveals that the case of the petitioner qua her absence was taken up with the Director, Health Services, who vide letter dated 12.03.1986, issued direction that absence period of the petitioner be regularized by granting her extraordinary leave. This direction of the higher authority was not complied with and, in these circumstances, the petitioner was shown re-appointed w.e.f. 25.06.1984 instead of 27.01.1982. According to Annexure R-2/IV, in the service-book of the petitioner, there is no entry of her termination, however, she had been shown re-appointed at page No. 13 of the same and thereafter, there is no interruption in her service. She was also called to join her duties on 31.05.1983. - 3 - 3. Since the absence period of the petitioner has been directed to be treated as extraordinary leave by the Director, Health Services on 12.03.1986, the period of service of the petitioner is to be counted w.e.f. 27.01.1982 instead of 25.06.1984. Once the higher authorities pass the orders, the subordinates are bound to comply with the same in administrative hierarchy. 4. Accordingly, in view of the observations made hereinabove, the petition is allowed. Respondents are directed to consider the case of petitioner to the post of Female Health Supervisor from the date her juniors were promoted by giving her the benefit of seniority w.e.f. 27.01.1982, within a period of ten weeks from the date of production of a certified copy of this judgment by the petitioner. No costs. (Rajiv Sharma) Judge November 29, 2010. (bhupender) - 4 - `