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2021 Supreme(HP) 222

JYOTSNA REWAL DUA
Bishan Singh Chandel – Appellant
Versus
Himachal Pradesh University – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Sanjeev Bhushan, Mr. C.D. Negi.
For the Respondent: Mr. Surender Verma.

JUDGMENT :

JYOTSNA REWAL DUA, J.

1. The petitioner claims his promotion to the post of Planning and Development Officer alongwith the pay scale attached to it from a retrospective date. This claim stands on two planks. Firstly, that the respondent-University in an arbitrary and discriminatory manner, did not exercise the discretionary power to relax the applicable rules in favour of the petitioner for his promotion to the post of Planning and Development Officer, while at the same time, in exercise of this very power, similarly situated employees were promoted by the respondent to the post of Deputy Registrar etc. and secondly, notwithstanding above, the respondents had given additional charge of the post of Planning and Development Officer to the petitioner w.e.f 12.11.2014. The petitioner superannuated on 31.03.2015 while discharging the duties of Planning and Development Officer, therefore, the pay scale attached to this post is required to be released in his favour.

2. Facts:

    (i) On 29.11.2011, the Executive Council of the respondent-University had before it an Agenda No. 17 regarding providing relaxation in the Recruitment and Promotion Rules (in short ‘R&P Rules’) while effecting

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