Himachal Pradesh High Court
Jai Pal Singh vs State Of H.P. & Ors on 10 May, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 8718 of 2022 .
Decided on : 10.5.2023 Jai Pal Singh ...Petitioner Versus State of H.P. & ors ...Respondents ____________________________________________________ Coram Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice.
Hon'ble Mr. Justice Virender Singh, Judge Whether approved for reporting? No ________________________________________________ For the petitioner : Mr. Sunil Mohan Goel, Adv.
For the respondents : Ms. Sharmila Patiyal, Additional Advocate General with Ms. Priyanka Chauhan, Deputy Advocate General and Mr. Rajat Chauhan, Law Officer, for the respondents State.
Mr. Parv Sharma, Advocate, ::: Downloaded on - 12/05/2023 20:30:15 :::CIS 2 for respondent No. 3.
Mr. Dilip Sharma, Senior
Advocate with Mr. Manish
Sharma, Advocate, for
.
respondent No. 4.
Per Tarlok Singh Chauhan, Acting Chief Justice (oral):
The instant petition has been filed for the grant of following substantive reliefs:
"(i). That this Hon'ble Court may kindly be pleased to issue writ of mandamus directing the respondents especially respondent No. 2 to not to hold DPC and further promote respondent No. 3 and 4 to the post of Personal Assistant since their promotion to the post of Senior Scale Stenographer was erroneous and dehors the rules as they were not eligible as per the Recruitment and Promotion Rules of Senior Scale Stenographer notified in the year 2011 for being promoted to the said post.
(ii) That this Hon'ble Court may further issue writ or mandamus directing the respondent No. 2 to act in terms of the advice issued by the respondent No. 1 State vide letter dated 21.2.2018, 28.7.2018 and further reiterated vide letter dated 11.10.2022.
(iii) That this Hon'ble Court may further be pleased to issue a writ of mandamus calling upon the respondent State to place on record the promotion order dated 19.6.2014 of respondent No. 3 to the post of Senior Scale Stenographer and further issue writ of certiorari by quashing the same.::: Downloaded on - 12/05/2023 20:30:15 :::CIS 3
(iv) That this Hon'ble Court may further be pleased to issue writ of certiorari quashing order dated 22.10.2016 promoting the respondent No. 4 to the post of Senior Scale Stenographer.
.
(v) That this Hon'ble Court may be pleased to issue writ of mandamus directing the respondents especially respondent No. 2 to consider the case of the petitioner for further post of Personal Assistant as per his seniority and in terms of notification dated 29.8.2022 whereby the respondent State has notified Personal Assistant ClassII (NonGazetted) Ministerial Services, Common Recruitment and Promotion (Second Amendment) Rules, 2022 as per which the petitioner is eligible for being promoted to the post of Personal Assistant."
2. Respondents have placed on record instructions dated 17.4.2023, in which it has been specifically observed that the petitioner is eligible for further promotion to the post of Personal Assistant, as per the Rules, after finalization of the seniority list of Senior Scale Stenographers.
3. In this view of matter, the respondents are directed to finalize the seniority list of the Senior Scale Stenographers, within a period of four weeks from today and thereafter, convene the Departmental Promotion Committee, within two weeks of finalization of the ::: Downloaded on - 12/05/2023 20:30:15 :::CIS 4 seniority list and consider the case of the eligible persons for promotion and thereafter make the promotions, in accordance with law, within a further period of two .
weeks, thereafter.
4. In view of this, the present petition is disposed of, so also the pending application(s), if any. The pending application(s), if any, are also disposed of.
r to (Tarlok Singh Chauhan)
Acting Chief Justice
(Virender Singh)
Judge
May 10, 2023
Kalpana
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