Established seniority cannot be altered without adhering to principles of natural justice, particularly when such changes result from belated representations.

JUDGMENT :

Bipin Chander Negi, J.

The petition has been filed seeking following substantive reliefs:-

“.i. That the impugned notification dated 28.12.2021, Annexure P-13 may kindly be quashed and set-aside. All the proceedings consequent to which notification dated 28.12.2021 have been issued may also be held illegal and set aside;

ii. That the respondent department may be directed to convene DPC from due date and consider and promote the petitioner as Director Health and Family Welfare to the Government of Himachal Pradesh with all consequential benefits.”

2. The factual matrix in the case at hand is that the petitioner was initially appointed as a Medical Officer on adhoc basis on 13.08.1991. Thereafter, on 13.12.1992, the petitioner was appointed on regular basis through selection by the Himachal Pradesh Public Service Commission. The final seniority list of Medical Officers, as it stood on 30.03.2000, was issued on 05.03.2001.

3. Subsequent to the aforesaid, the petitioner was promoted as a Block Medical Officer on 08.11.2010. The tentative seniority list of Block Medical Officers, as it stood on 01.07.2013, was circulated on 25.07.2013.

4. Thereafter, the petitioner was promoted as a Chief Medical Officer (CMO) on 27.12.2016. The promotion was to take effect on 24.05.2016. The tentative seniority list of CMO/DDHS/Medical Superintendent/Principals (Training) as it stood on 01.11.2017 was circulated on 18.11.2017.

5. That one Dr. Keshav Ram (respondent No.10) had filed a representation dated 23.02.2019. In the said representation, the said respondent No.10, had challenged the position assigned to him in the final seniority list of Deputy Directors/CMO/ Medical Superintendent/ Principal (Training), as it stood on 01.11.2017. The contention of the said respondent No.10 was that the position assigned to the petitioner above him was not appropriate for the reason that the petitioner was junior in the feeder post of Medical Officer and the selection list drawn by the Himachal Pradesh Public Service Commission.

6. That on consideration of representation of respondent No.10 (Dr. Keshav Ram) a review Departmental Promotion Committee (for short “DPC”) was held on 20. 02.2020 and the following was recorded therein:

“The Committee, after perusing the final seniority list of MOs as it stood on 30.03.2000, issued on 05.03.2001 and the assessment already made by the original DPC, recommended to place the name of Dr. Devender Dutt Sharma at Sr. No. 2-A in between Dr. Sushil Chander (Sr. No. 766) and Dr. Devender Kumar Sharma, (Sr. No. 802 A-I) in the panel for the year 2010.”

7. That on 02.09.2021, the present petitioner was promoted as a Joint Director. Thereafter, a review meeting of the DPC was held on 3.12.2021 for reviewing the recommendations of the DPC held on 12.04.2016, 31.12.2016 and 01.09.2021. The review DPC held on 3.12.2021 observed as follows:

“As per general principle for promotion, the list of eligible officers is prepared strictly in order of their position in the seniority list but in the instant case it was by an omission that a junior medical officer was placed above his seniors which is required to be rectified to this extent by reviewing the minutes of the meeting held on dated 12.04.2016, 31.12.2016 and 01.09.2021 by placing the name of Dr. Devinder Dutt Sharma at appropriate place of promotion in the list of eligible officers.”

8. In