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.

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 Promotion Committee (for short, ‘D.P.C.’). On 10.01.2023, petitioner was promoted to the post of Joint Director on regular basis. After his being promoted to the post of Joint Director, Department circulated final seniority list of officers of H.P. Agricultural Services, Group-A (Gazetted) on 01.11.2023, thereby showing petitioner as senior-most officer (Group-A) Gazetted. On 31.07.2023, post of Director, Agriculture, fell vacant upon superannuation of one Mr. Rajesh Kaushik, however, at that time, post of Director was filled-up on secondment basis by Government by appointing Ms. Kumad Singh, an IAS Officer. On 04.03.2024, petitioner was promoted to the post of Additional Director, Agriculture, whereafter he also become eligible for promotion to the post of Director, Agriculture, after completing two years of combined service as Joint Director and Additional Director, with the required six months of service as Additional Director. Vide communication dated 19.09.2024, Secretary, Agriculture i.e. respondent No.1 apprised Secretary, Personnel i.e. respondent No.2 that petitioner has become eligible for promotion to the post of Director, Agriculture and as such, matter be placed before the D.P.C. On 12.11.2024, D.P.C. meeting was convened under the Chairmanship of the Chief Secretary, Secretary (Personnel) and Secretary (Agriculture). Though D.P.C. found petitioner eligible/suitable for promotion to the post of Director, but since no order ever came to be passed by appointing authority with regard to appointment/promotion of the petitioner on recommendation made by the D.P.C., he is compelled to approach this Court in the instant proceedings praying therein for the reliefs, as have been reproduced hereinabove.

3. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vikrant Thakur, learned counsel representing the petitioner is that though post of Director, Agriculture, is required to be filled-up 100% by way of promotion and as per recommendation made by D.P.C., petitioner was fully eligible to be appointed against the post of Director, but yet for no cogent and convincing reason, petitioner is not being offered appointment/promotion to the post in question, who is otherwise due to retire on 30.06.2025.

4. While making this Court peruse Recruitment & Promotion Rules (Annexure P-7), Mr. Vikrant Thakur, learned counsel representing the petitioner vehemently argued that in no eventuality, an IAS Officer can be posted as Director, however, in the instant case, an IAS Officer, is manning the post for almost two years to the detriment of Officers of H.P. Agricultural Service, Group-A (Gazetted). He submitted that after having served Department for 37 years, petitioner herein has been able to reach the top post in