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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Jeet Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
By way of instant petition, petitioner has prayed for following reliefs:
“i. Issue a writ of mandamus or any other appropriate writ, order, or direction directing the respondents to forthwith give effect to the recommendation of the Departmental Promotion Committee (DPC) dated 12.11.2024 for the post of Director, Agriculture, and consider the petitioner's promotion in accordance with the applicable R&P rules; and ii. Direct the respondents to grant all consequential benefits, including seniority and monetary benefits, arising out of the petitioner's due and timely promotion; or”
2. For having bird’s eye view, facts as emerge from the pleadings adduced on record by respective parties are that petitioner herein, was initially appointed as Assistant Development Officer (Agriculture) on the recommendation of Himachal Pradesh PublicService Commission in the year 1989. After his being promoted to the post of Subject Matter Specialist, he was promoted as Deputy Director in the office of respondent No.3 on 03.06.2019. On 01.02.2022, petitioner was promoted to the post of Joint Director, Agriculture on ad hoc basis, upon the recommendations of Departmental Promotio
DPC recommendations for promotion are advisory and must be supported by valid reasons if not accepted; arbitrary denial of promotion violates an employee's right to consideration.
Promotion takes effect from the date of being granted and not from the date of occurrence of vacancy or creation of the post.
Recommendations from a Departmental Promotion Committee do not confer an automatic right to promotion; formal approval by the Competent Authority is required for promotion to take effect.
Appointing authority cannot selectively reject DPC recommendations for eligible candidate while accepting for others without following Handbook procedure for disagreement; must ensure equal treatment....
The principle of 'merit cum seniority' was emphasized, highlighting that seniority alone cannot entitle an officer for promotion.
The tribunal upheld the discretion of the Departmental Promotion Committee to deny promotion based on past misconduct, aligning with established regulations.
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