Sarit Chander vs State Of H.P. & Ors
2021 Latest Caselaw 3673 HP

            IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

                                                   CWP No. 3678/2021
                                                   Decided on : 6.8.2021




                                                                                      .

    Sarit Chander                                                                .....Petitioner
                                          Versus





    State of H.P. & ors.                                                         ....Respondents

    Coram:





    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    The Hon'ble Mr. Justice Satyen Vaidya, Judge.
                                                     No
    Whether approved for reporting?1

    For the Petitioner:                     Mr. Rishi Tandon, Advocate.

    For the respondents:                    Mr. Ashok Sharma, A.G. with Mr. Rajinder
                                            Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,Mr.
                                            Hemanshu Misra, Mr. Shiv Pal Manhans,
                                            Addl. A.Gs., and Mr. Bhupinder Thakur,



                                            Dy.A.G.

                                            (Video Conferencing)




    _____________________________________________________________________
                        Justice Tarlok Singh Chauhan, J (oral)

The instant petition has been filed for grant of

following substantive reliefs:

"1. that the instant writ petition may kindly be allowed with costs and the respondents may be directed to consider the candidature of the petitioner for the promotion post of Geologist, Class­I (Gazetted) in Geological Wing of the Department of Industries, H.P. on regular basis as per the recommendations and memorandum dated 7.1.2021 & 23.1.2021, Annexure P­1 & P­4.

Whether reporters of the local papers may be allowed to see the judgment? Yes.

2. the respondents may kindly be directed to convene the DPC

.

for the vacant post of Geologist­I (Gazetted) in the Department of

Industries, Geological Wing for the vacancy year in the time bound manner."

2 In Handbook on Personnel Matters Volume­I (2 nd

Edition) published by the Government of Himachal Pradesh,

Chapter 16 relates to promotions and selection grade, Part­A

thereof relates to the Departmental Promotion Committees. In

terms of Clause 16.7, time schedule for holding meetings of

D.P.C. has been provided. The relevant portion whereof reads as

under:­

"16.7 Time­schedule for holding meetings of D.P.C. The instructions contained in H.P. Govt. Deptt. Of Personnel letter

No.1­13/73­DP(A­II) dated 27­4­1983 (Annexure 16.18) provide

that the time schedule for holding of regular Departmental Promotion Committee will be during the month of April­May. The subsequent instructions issued vide letter No.1­13/75­DP (AP­II)

dated 14­2­1984 (Annexure 16.22) provided that meeting of the Departmental Promotion Committee may be held once a year in the month of April every year as far as possible. The latest instructions contained in letter No.1­13/75­DP (A­II) dated 6­9­ 1984 and letter No. Per(AP­II) B(3)­1/94 dated 16­11­1994 (Annexures 16.25 and 16.55) provide that meetings of the Departmental Promotion Committees for making promotions should be held during the first quarter of the financial year as far as possible for all the existing and anticipated vacancies. For unanticipated vacancies, fresh meetings of the Departmental

Promotion Committees for making promotions should be held

.

during the course of the year within three months from the date

of creation of the posts."

(emphasis supplied by us)

3 The conferment of power to convene necessary DPC

meeting for consideration of an employee for promotion is the

duty of the employer and it, therefore, should be exercised in

time so that an eligible employee, who would be found suitable,

will get promotion in time. If the DPC is not convened in time, it

amounts to arbitrariness and this is not permissible under

Article 14 of the Constitution of India.

4 Necessary corollary would be that non convening the

DPC in time would imply that the authorities have failed to

discharge their duties and consequently, non­convening of the

DPC in time must be taken to mean as arbitrary action on the

part of the concerned authorities.

5 The Hon'ble Supreme Court in P.N. Premachandran

vs. State of Kerala, (2004) 1 SCC 245 has held that the delay

in convening the DPC is an administrative lapse and the

promotees cannot be made to suffer for no fault on their part.

6 We really wonder why the respondents are not holding

the DPC. It would be noticed that the instant petition was filed

on 30.6.2021 and an advance copy thereof was supplied by the

.

respondents­State, who otherwise formally put in appearance on

6.7.2021. The respondents have neither filed the reply nor

convened the DPC to consider the candidature of the petitioner

for the post of Geologist, Class­I (Gazetted) in the Geological Wing

of the Department of Industries, on regular basis as per the

recommendations r and memorandum dated 7.1.2021 and

23.1.2021.

8 Accordingly, the instant petition is disposed of

directing the respondents to convene the DPC for the post of

Geologist, Class­I (Gazetted) immediately and in no event later

than one week from today and consider the case of the petitioner

in accordance with law. Pending application(s), if any, also

stands disposed of, leaving the parties to bear their own costs.

For compliance, list on 20.8.2021.

                                               (Tarlok Singh Chauhan)
                                                       Judge


                                                   (Satyen Vaidya)
    6.8.2021                                            Judge
        (pankaj)