IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 8780 of 2008. Decided on: 08.12.2010. _________________________________________________________ Raj Kumari Sood. … Petitioner. Versus Secretary, Education and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Petitioner : Mr. Raj Negi, Advocate vice Mr. B.C. Negi, Advocate. For the Respondents : Mr. R.P. Singh, Assistant Advocate General. Rajiv Sharma, J.(Oral): Petitioner was promoted to the post of Centre Head Teacher on 14.12.1999. She was directed to join her duties within a period of ten days at GPS, Sunam. Following conditions were imposed in order dated 14.12.1999:- “2. If any newly promoted Centre Head Teacher or Head Teacher does not join at the school of appointment within ten days from the date of issuance of the orders then his/her promotion shall be treated as cancelled and his/her no claim vis-à-vis his/her promotion/seniority and higher scale etc. over his junior shall not be tenable. 8. In the event of non-joining of duty by the promoted teacher/lady teacher in the next school within 10 days, it shall be presumed that the promotion is not acceptable to him/her. Under such eventuality any other eligible 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - teacher/lady teacher shall be promoted in his place and posted accordingly and your name shall not be considered for promotion for further three years.” 2. Admittedly, petitioner had not joined her duties on promotion as Centre Head Teacher at Sunam. Accordingly, her promotion as per condition No.2 was treated as cancelled. Mr. Raj Negi, Advocate appearing vice counsel for the petitioner has relied upon Instruction No.16.21 contained in Hand Book on Personnel Matters, Vol.-I at page 531. A bare perusal of this instruction makes it clear that in case a Government employee does not want to accept a promotion which is offered to him, he may make a written request that he may not be promoted and the request will be considered by the appointing authority, taking relevant aspects into consideration and thereafter other consequences are to follow. In this case, the petitioner has not placed on record any tangible evidence to prove that she had ever made a written request to the competent authority to forego her promotion. It is only in those cases where written request is made that the other consequences are to follow. Since the petitioner has not made any written request, her case could not be considered within the period prescribed in the instructions or when the next vacancy arises. 3. Accordingly, in view of the observations made hereinabove, there is no merit in this petition and the same is dismissed, so also the pending application(s), if any, also stands disposed of. No costs. (Rajiv Sharma), Judge. December 08, 2010. (sck).