Seniority determined by date of actual promotion, not eligibility. Promotion not retrospective; only right to consideration exists, not to promotion itself. No illegality where Departmental Promotion Committee convened promptly post-rule-compliant process.

JUDGMENT :

JIYA LAL BHARDWAJ, J.

By way of present petition, the petitioner has prayed for the following reliefs:-

“i) That this application may kindly be allowed and the impugned seniority list of Head of Department be quashed and set aside and the respondents may be directed to promote the applicant for the Post of Head of Department (Pharmacy) w.e.f 3.3.1997 with all consequential benefits.

ii) That the entire record pertaining to the case be summoned.

iii) That the respondents may be burdened with the cost of this original application throughout.

iv) Any other relief which this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the case.”

2. Shorn of unnecessary details, key facts for adjudication of the claim are that the petitioner was appointed as Lecturer Pharmacy on 03.03.1992. The next promotional post was Head of Department Pharmacy.

3. As per Recruitment & Promotion Rules (Annexure- I) appended with the reply, the post of Head of Department Pharmacy in the Department of Technical Education, Vocational and Industrial Training, H.P. can be filled up from amongst Lecturers in Pharmacy having 5 years’ experience as Lecturer, failing which, by direct recruitment.
4. The petitioner has averred in the petition that two posts of Head of Department, Pharmacy fell vacant with the respondents in the year 1991 and these posts were advertised to be filled up from General and Ex-servicemen Category, respectively and two persons were appointed. However, only one person joined and the second post remained unfilled. Though one person Shri Darshan Singh from the waiting list joined for a week but later on he abandoned the post. The post was again re-advertised, but the same could not be filled up.

5. The petitioner after becoming eligible to hold the post of Head of Department, Pharmacy, made a representation on 03.03.1997, when the post was lying vacant. However, this post was withdrawn from the Himachal Pradesh Public Service Commission on 06.08.1997 (wrongly mentioned as 26.11.1997 in the petition), whereas the petitioner became eligible for the post in question on 03.03.1997.

6. It has been averred in the petition that one post of Head of Department, Electronics Engineering (wrongly mentioned as Head of Department, Electronics) was vacant with the respondents and it was advertised simultaneously along with the post of Pharmacy. The post of Head of Department, Electronics Engineering was also not filled up due to non-eligible candidate. However, the said post of Head of Department, Electronics Engineering was withdrawn from the Himachal Pradesh Public Service Commission on 03.05.1995 (wrongly mentioned as 05.06.1995 in the petition) and one Sunil Kumar was promoted, though he was not eligible for the post in question as he had deficient of two years qualifying service as Lecturer. The same procedure was not followed in the case of the petitioner. The respondents convened the DPC and respondent No.3 was promoted as Head of Department, Electronics Engineering on 19.08.1997 (wrongly mentioned as 29.06.1997 in the petition), whereas the petitioner, who became eligible on 03.03.1997, was promoted on 26.11.1997 by holding DPC at a later date. By not holding DPC immediately after the petitioner’s becoming eligible to hold the post of Head of Department, Pharmacy, has caused inju