Himachal Pradesh High Court
Chaman Lal Sharma vs State Of H.P. And Another on 23 May, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2834 of 2024 Decided on: 23rd May, 2024 .
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Chaman Lal Sharma .....Petitioner Versus State of H.P. and another .....Respondents
------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Tara Singh Chauhan, Advocate.
For the Respondents: Mr. L.N. Sharma and Mr. Dalip K. Sharma, Additional Advocates General with Mr. Sikander Bhushan, Deputy Advocate General, for respondent No.1.
Mr. Vikrant Thakur, Advocate, for respondent No.2.
------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge This writ petition has been filed for the grant of following substantive reliefs:-
"(I) That a writ in the nature of mandamus may very kindly be issued to the respondent thereby directing it to decide the representations and publish the rules in pursuance to Annexures P-4 and P-7, in a time bound manner.
(II) That the respondents may be directed to publish the R&P Rules to the post of system analyst and consider him for promotion to this post w.e.f. 11.03.2022 i.e. his date of eligibility as has been done in the cases of persons mentioned in the writ petition.1
Whether reporters of print and electronic media may be allowed to see the order? Yes.
::: Downloaded on - 23/05/2024 20:31:38 :::CIS 2(III) That the respondent may be directed to consider the case of the petitioner for promotion to next higher post, as has been done in the cases of persons mentioned in the writ petition.
(IV) That the respondent may be directed to release the previous dues of revised pay scale with grant of .
Secretariat Pay and promotion to post of System Analyst with all consequential benefits."
During hearing of the case, learned counsel for the petitioner submitted that at this stage, the petitioner will confine his prayer for redressal of the grievance raised in prayer Nos.(I) and (II).
2. Heard learned counsel for the parties and also perused the reply filed by respondent No.2-H.P. Public Service Commission.
3. The case file shows that respondent No.2 on 08.04.2021, had addressed a communication to respondent No.1 on the subject 'framing of Recruitment & Promotion Rules for the post of System Analyst (Class-I, Gazetted) in the pay band of Rs.15600-39100+5400/- Grade Pay in the H.P. Public Service Commission'. In the aforesaid communication, respondent No.2 had indicated creation of one post of System Analyst under letter dated 26.02.2020.
The communication emphasized the need for finalizing the Recruitment & Promotion (R&P) Rules for the post.
Alongwith the communication, the draft R&P Rules ::: Downloaded on - 23/05/2024 20:31:38 :::CIS 3 approved by respondent No.2 were also enclosed for notifying the same in the Official Gazette.
From the documents on record, it appears that .
objections were raised by respondent No.1 to the draft R&P Rules. These objections were removed by respondent No.2 and under communication dated 30.08.2023, respondent No.2 again requested respondent No.1 to finalize & notify the R&P Rules for the post of System Analyst, Class-I (Gazetted). r
4. The above position has been reiterated by respondent No.2 in its reply. The reply filed by respondent No.2 further states that no action has been taken thereafter and the matter is pending consideration with the Government.
5. Since the petitioner in this writ petition has confined his prayer only for finalization and notification of the R&P Rules for the post of System Analyst and taking into consideration the stand of respondent No.2, this writ petition is disposed of with a direction to the respondents including respondent No.1 to take appropriate action in the matter of finalizing the R&P Rules as expeditiously as possible, preferably within three months from today.
::: Downloaded on - 23/05/2024 20:31:38 :::CIS 4The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
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Jyotsna Rewal Dua
May 23, 2024 Judge
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