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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Ashok Kumar Ghaumta – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
(Jyotsna Rewal Dua, J.)
Petitioner was promoted as Senior Assistant by the respondents on 20.03.2018. Petitioner’s grievance is that he was eligible for such promotion in the year 2016 and respondents had wrongly denied this promotion to him at the relevant time on the ground that he did not possess requisite educational qualification.
2. Facts:
2(i) Petitioner qualified intermediate examination from ‘Madhyamik Shiksha Parishad, Uttar Pradesh’ on 26.07.1995 (Annexure P-1).
2(ii) Petitioner was appointed as a Clerk in the respondent Revenue Department on 20.03.1999. He was placed as Junior Assistant during the year 2008. Petitioner became eligible for further promotion to the post of Senior Assistant in the year 2016. Respondent-Department did not consider the petitioner eligible for promotion to the post of Senior Assistant on the count that he was not in possession of requisite minimum qualification of 10+2.
2(iii) Petitioner represented on 02.01.2017 to the respondent for considering his name for promotion to the post of Senior Assistant. Petitioner projected that his Intermediate Certificate from ‘Madhyamic Siksha Parishad, Uttar Pradesh’ was equivalent to 10+2 Certificate
The court established that the Intermediate qualification obtained by the petitioner is equivalent to 10+2, thus justifying his promotion denial as unlawful.
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