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2022 Supreme(HP) 304

JYOTSNA REWAL DUA
Karam Singh Kaundal, S/o. Late Sh. Munshi Ram – Appellant
Versus
State of Himachal Pradesh, Through Secretary (Technical Education), to the Government of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Sh. Sanjeev Bhushan, Senior Advocate with Sh. Rajesh Kumar.
For the Respondents:Sh. Narender Thakur, Deputy Advocate General.

ORDER :

For the reasons that petitioner’s Annual Performance Appraisal Reports of five years under consideration did not meet the required benchmark of ‘Very Good’ prescribed in the office memorandum dated 21.6.2016, petitioner was denied promotion to the post of Principal (Polytechnic). He was superseded by his juniors. He has instituted present petition claiming promotion to this post from due date.

2. Facts

2(i) The petitioner is presently serving as Head of Department (Applied Sciences and Humanities) in the Government Polytechnic, Sundernagar, District Mandi, H.P. He was initially appointed as Lecturer (Mathematics) on regular basis on 6.12.1989 and promoted to the post of Senior Lecturer on 14.3.1997. The petitioner was further promoted as Head of Department (HOD) on 13.2.2009. Next promotion available to the petitioner was to the post of Principal in the pay scale of Rs. 37,400-67,000 + 8700 Grade Pay.

2(ii) Four posts of Principal (Polytechnic) had fallen vacant due to superannuation of the incumbents. The respondents-state initiated the process for filling-up these vacant posts of Principals (Polytechnic). In accordance with the Recruitment and Promotions Rules of the post of

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