The court upheld the employer's discretion in posting decisions, finding no malice or illegality in the posting order after promotion.

JUDGMENT :

Ranjan Sharma, J.

1. Heard, Learned Counsel for petitioner and Learned State Counsel at length.

2. Petitioner-Dropta Devi, Senior Assistant, has come up, before this Court, seeking the following relief(s):-

“a) To issue a writ of certiorari or direction in nature thereof, quashing the impugned order dated 05.02.2025 being Annexure P-7 of the writ petition, as unconstitutional and illegal and contrary to the law;

b) To issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent department to permit the petitioner either to discharge her duties at present place of posting or transfer her to any place of convenience at par with other incumbents who have been adjusted vide Office Order dated 04.02.2025 (Annexure P-8) with all consequential benefits for all purposes and intents.”

FACTUAL MATRIX

2.1 Case, as set up, by Learned Counsel, is that the petitioner was engaged as a Beldar [Class-III, on daily wage basis] on 01.01.2002 but since appointment, she was made to perform duties of higher post of Clerk-cum-Typist [Class-III] by the State Authorities:

(i) Based on the work performed, the petitioner filed an Original Application No.3264 of 2003 before Himachal Pradesh State Administrative Tribunal seeking regularization as Clerk-cum-Typist [Class-III] and upon abolition of State Administrative Tribunal, the matter stood transferred to this Court, as CWP(T) No.9797 of 2008 and in terms of judgment dated 17.09.2012, [Annexure P-1], respondents were directed to regularize the petitioner as Clerk [Class-III] w.e.f. 01.01.2002 with all consequential benefits, with the rider that arrears were restricted for three years, prior to filing of writ petition.

(ii) The State Authorities assailed the judgment dated 17.09.2012 [Annexure P-1] in LPA No.4040 of 2013 and in terms of judgment dated 13.10.2022, [Annexure P-2] the appeal was dismissed and the Impugned judgment dated 17.09.2012 [Annexure P-1]was upheld.

(iii) The State Authorities assailed the judgment dated 13.10.2022 [Annexure P-1], in LPA No.4040 of 2013, before the Hon’ble Supreme Court of India, In re: State of Himachal Pradesh and another versus Dropta Devi, in SLP (C) No.21468 of 2023 and in terms of the orders dated 25.09.2023 [Annexure P-3], the SLP was dismissed.

3. After dismissal of SLP on 25.09.2023 [Annexure P-3], the petitioner filed a Contempt Petition (C) No.553 of 2024, before the Hon’ble Supreme Court of India when, the respondents/alleged contemnors were issued notice for personal appearance as per orders dated 2.1.2025 for 3.2.2025. However, on appearance by respondents/alleged contemnors, the Hon’ble Supreme Court of India passed an order dated 03.02.2025 [Annexure P-4, Colly], disposing of the contempt proceedings in view of compliance made whereby, as per the orders dated 22.1.2025 [Annexure P-5], petitioner was promoted as Senior Assistant w.e.f. 16.07.2014 with all consequential orders.

4. Perusal of the Orders dated 22.01.2025, [Annexure P-5] supra, indicates that though Respondent No.2-Engineer-in-Chief [HPPWD], promoted the petitioner as Senior Assistant w.e.f. 16.07.2014 with all consequential benefits yet, a stipulation was clearly reflected that the posting order/seniority of the official shall be issued separately, which is borne out from the orders dated 22.01.2025, which reads as under:-

[Annexure P-5]

Dated:22.01.2025

“Himachal Pradesh

Public Works Department

OFFICE ORDER

On the recommendation of Departmental Promotional Committee and in compliance to the Judgment passed by the Hon’ble Supreme Court of India in SLP(C) No.21468 of 2023, Smt. Dropta Devi, Jr. Asstt., presently posted in HPPWD Divn. Theog is hereby promoted to the post of Senior Assistant in the pay scale of Rs.10300- 34800+4400 Grade Pay (Pre-Revised) on regular basis with effect from 16.07.2014 with all consequential benefits.

The posting order/seniority of the official shall be orders separately.

Sd/-

Engineer-in-Chief

HPPWD, Shimla-2.

(i)As a sequel