Himachal Pradesh High Court

Sangeet Sharma vs . State Of H.P. And Connected Matter on 5 September, 2023

Author:
Sandeep Sharma

Bench:
Sandeep Sharma

Sangeet Sharma vs. State of H.P.
and connected matter

.

CWPOA No.5054 of 2019 with

CWPOA No.5346 of 2019

05.09.2023 Present Mr. Dilip Sharma, Senior Advocate with Mr. Manish

Sharma, Advocate, for the petitioner(s).

Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.

of
B.C.Verma, Additional Advocate Generals with Mr.
Mr. Ravi Chauhan, Deputy Advocate General, for
the respondents-State.

rt
Mr. Vikrant Thakur, Advocate, for respondent No.2.

Mr. Sanjeev Bhushan, Senior Advocate with Mr.

Rajesh Kumar, Advocate, for respondent No.3.

Mr. Narinder Sharma, Advocate, for respondent
Nos. 4 and 5.

CMP(T) No.98 of 2023 in CWPOA No.5054 of
By way of instant application, prayer has been

made on behalf of the applicant-petitioner for issuance of

direction to the non-applicants/respondents to promote her

pursuant to recommendation of the DPC held on 19th June,

2023 (Annexures R-3 &4) annexed with the reply to the

application filed by the non-applicants/respondents.

Precisely, the grouse of the applicant-petitioner as

has been highlighted in the application and further canvassed

by Mr. Dilip Sharma, learned Senior counsel representing the

applicant-petitioner, is that once perusal of meeting of DPC

clearly reveals that promotion to the post of Reader-cum-

Associate Professor was done on the basis of seniority list of

Tutor issued in the year 2010, petitioner ought to have been

promoted against the post in question alongwith other eligible

::: Downloaded on - 06/09/2023 21:46:13 :::CIS

candidates. He submitted that bare perusal of proceedings of

.

DPC suggests that though petitioner has been found to be

eligible, but she is not being promoted for the reason that writ

petition having been filed by her is pending adjudication. He

further submitted that department being fully aware of the fact

of
that petitioner is fully eligible against the post in question

though has kept one post vacant, but petitioner have been

denied promotion for her having filed writ petition, which is
rt
pending adjudication before this Court.

Reply to the application stands filed on behalf of the

non-applicants/respondents under the signature of Special

Secretary (Health) to the Government of Himachal Pradesh,

wherein it has been categorically admitted that petitioner

herein is eligible to be promoted against the post in question in

terms of the seniority of Sister Tutors issued in the year 2010,

but since there is a stay order passed by this Court in the

petition at hand, she has been not promoted, but one post has

been kept vacant.

Having heard learned counsel for the parties and

perused the material available on record, this Court finds that

petitioner herein has approached this Court in the instant writ

petition, laying therein challenge to the order of her reversion

from the post of Lecturer to Sister tutor, but such order has

been stayed, meaning thereby petitioner cannot be reverted

from the post of Lecturer to Tutor, but definitely there is no

stay with regard to further promotion, if any. Since non-

applicants/respondents themselves have admitted in the reply

::: Downloaded on - 06/09/2023 21:46:13 :::CIS

that as per seniority list, 2010 petitioner is required to be

.

promoted, their cannot be any justification to deny promotion

to the petitioner at this stage on account of pendency of the

petitioner, having been filed by the petitioner herein, which is

subjudice before this Court.

of
Consequently, in view of the above, the present

application is allowed and respondent-Department is directed

to promote the petitioner to the post of
rt Associate Professor

pursuant to the recommendation of the DPC held on 19th June,

2023, however, same shall be subject to outcome of the

CWPOA No. 5346 of 2019. The application stands disposed of.

CWPOA No.5054 of 2019 with

CWPOA No.5346 of 2019

Since pleadings in the case are complete and

parties are duly represented, let this case be listed for final

hearing on 6.12.2023.

`(Sandeep Sharma)
Judge
September 05, 2023
(Shankar)

::: Downloaded on - 06/09/2023 21:46:13 :::CIS