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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Om Parkash Bhardwaj – Appellant
Versus
State Of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's service regularization and promotion grievance. (Para 2) |
| 2. dispute over eligibility under 2002/2005 r&p rules. (Para 3 , 4 , 5 , 6 , 7) |
| 3. dpc minutes exclude unqualified jes post-2005 amendment. (Para 8 , 9 , 10) |
| 4. rules require no diploma/degree for 45% je quota. (Para 12 , 13 , 14 , 15 , 17) |
| 5. direct petitioner's promotion from juniors' date. (Para 18 , 19) |
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-
“1. That the impugned order dated 02/07/2025 Annexure P5 and P6 may kindly be set aside and quashed.
2. That by way of writ of certiorari the action of the respondent no. 2 where vide Annexure P5 strar and P6 the Junior Persons to the petitioner has been promoted to the post of Assistant Engineer (Civil) while the petitioner has been ignored without assigning any reason may kindly be set aside and quashed and by way of writ of mandamus respondent no. 2 may be given direction to promote the petitioner to the post of Assistant engineer (civil) w.e.f. 02/07/2025 when junior person (respondent no. 3 and 4) were given promotion with all consequential benefits flowing there from.
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
The main legal point established in the judgment is that the requisition for promotion to the post of Assistant Engineer (Civil) was sent in compliance with the statutory rules, and the Rules, 1968 p....
Appointing authority cannot selectively reject DPC recommendations for eligible candidate while accepting for others without following Handbook procedure for disagreement; must ensure equal treatment....
Promotion eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
Matriculate Supervisors with 15 years regular service eligible for 4% promotion quota to Junior Engineer under 2012 Rules' unqualified category, without Civil Diploma or unprovided training; denial o....
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
Promotion cannot be denied from eligibility and vacancy date merely due to departmental delay in convening DPC for clarifications; review DPC under service handbook Clause 16.29 grants notional benef....
Diploma Junior Engineers acquiring AMIE/degree during service eligible for promotion post-3 years; pre-acquisition service not counted for seniority, as they enter graduate quota impacting original g....
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