Sant Ram vs Ms. Nisha Singh
2022 Latest Caselaw 5428 HP

                             1


IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
             ON THE 8th    DAY OF JULY, 2022
                          BEFORE




                                                         .
    HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





            CIVIL ORIGINAL PETITION CONTEMPT
                          137 OF 2022





 Between:

     BAKSHISH SINGH S/O LATE SH.




     SANT RAM, R/O HOUSING BOARD
     COLONY PHASE II BLOCK NO.
     17,FLAT NO.17,SAPROON, SOLAN,
     H.P.


                          ...PETITIONER

 (BY MS. SUNITA SHARMA, SENIOR


 ADVOCATE WITH MR.DHANANJAY
 SHARMA, ADVOCATE)




    AND





     1. MS. NISHA SINGH W/O NOT
     KNOW    TO  THE    PETITIONER,





     PRESENTLY     WORKING       AS
     ADDITIONAL CHIEF SECRETARY
     (RD) GOVERNMENT OF HIMACHAL
     PRADESH, SHIMLA­2.
     2.RUG VED SINGH THAKUR, S/O
     NOT KNOWN TO THE PETITIONER,
     PRESENTLY     WORKING       AS




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     DIRECTOR RURAL DEVELOPMENT
     KASUMPTI, SHIMLA­9.
     3.  MS.     KRITIKA KULHARI,
     PRESENTLY WORKING AS DEPUTY
     COMMISSIONER­CUM­ CEO DRDA,




                                                                        .
     SOLAN, H.P.





                                     ...RESPONDENTS





(BY MR. ASHOK SHARMA, ADVOCATE GENERAL WITH
MR. RAJINDER DOGRA, SENIOR ADDITIONAL ADVOCATE
GENERAL AND MR. RAJAT CHAUHAN, LAW OFFICER)




    Court passed the following:
                          r              to
                 This petition coming on for admission this day,                     this

                 ORDER

The petitioner had approached the learned erstwhile

H.P. Administrative Tribunal by filing OA No. 968 of 2008, later

registered as CWPOA No. 759 of 2019, for the grant of following

substantive reliefs:

(A) That respondents No. 1 and 2 may be directed to consider the case of the applicants for promotion to the post of Superintendent Grade­II with all consequential benefits form the date

of their eligibility.

(B) That respondents No. 1 and 2 may be directed not to fill the post like Superintendent Grade­II byway of deputation or on the secondment basis from the other department.

( C) That the impugned order as contained in Annexure A­10 may very kindly be quashed and set aside thereby directing respondents No. 1 and 2 to promote the applicant to the post of

Superintendent Grade­II from the date when he becomes eligible, in the interest of justice, equity and fair play.

(D) That respondents No. 1 and 2 may be directed to produce the entire record and after perusing the same respondents No. 1 and 2 may very kindly be directed to consider the case of the

.

applicant for promotion to the post of Superintendent Grade­II."

2. After contest, CWPOA No. 759 of 2019 was allowed by

a Coordinate Bench of this Court vide order dated 10.9.2021 by

directing the respondents to consider the case of the petitioner for

the post of Superintendent Grade­II, with all consequential benefits.

3.

The records reveal that the post in question was

already available prior to the amendment carried out in the

Recruitment & Promotion Rules in the year 2009. Had the normal

course been adopted on the basis of existing Rules, one Rajinder

Singh Jaswal would not have been sent on deputation from the

other department and posted as such as Superintendent Grade­II.

4. In the given facts and circumstances of the case,

obviously the stand of the respondents whereby they have rejected

the claim of the petitioner on the basis of amendment carried out in

the Rules vide notification dated 23.6.2009, is clearly mis­

conceived and misdirected, as the case of the petitioner was

required to be considered as per the un­amended Rules.

5. Accordingly, the petition is disposed of with a direction

to the respondents to consider the case of the petitioner in light of

the judgment passed by this Court on 10.9.2021 on the basis of un­

amended Rules. The pending application(s), if any, are also

disposed of.

.

6. For compliance, to come up on 12.8.2022.

(Tarlok Singh Chauhan) Judge

JULY 8, 2022

Kalpana