IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.5746 of 2024 Decided on: 12.08.2025 _________________________________________________________________

Nek Singh Dogra ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________

Coram Ms. Justice Jyotsna Rewal Dua

1 Whether approved forr reporting? Yes _________________________________________________________________

For the petitioner: Mr. Surender Sharma and Mr. Neeraj Sharma, Advocates.

For the respondents: Ms. Menka Raj Chauhan, Deputy Advocate General.

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Jyotsna Rewal Dua, Judge Petitioner seeks promotion to the post of H Superintendent Grade-I.

Petitioner was appointed as Clerk in the respondent-Education Department on 03.02.1989. He was promoted as Senior Assistant in the year 2003 and as Superintendent Grade-II on 19.07.2007. Further channel of promotion available from post of Superintendent Grade-II is

1 Whether reporters of Local Papers may be allowed to see the judgment?

to the post of Superintendent Grade-I. Petitioner superannuated as Superintendent Grade-II on 30.06.2024.

2. The case of the petitioner is that: -

2(i) Respondent No.2-the DirectoHr, Higher Education, Himachal Pradesh, vide office communication dated 07.03.2024 (Annexure P-1), directed all the Deputy Directors of Higher Education in the State to supply within three days, particulars on prescribed proforma of eligible Superintendent Grade-II for making promotion to the post of Superintendent Grade-I.

2(ii) Petitioner was serving as Superintendent Grade-II in District Kangra. His particulars were accordingly hforwarded by the Principal of the concerned school to grespondent No.3-the Deputy Director Higher Education, District Kangra, on 01.03.2024 on the prescribed proforma. Respondent No.3 forwarded the particulars of Superintendent Grade-II in District Kangra, who were eligible for promotion to the post of Superintendent Grade-I, to respondent No.2 on 08.04.2024. Name of the petitioner figured at Sr. No.4 in the list sent by respondent No.3. Petitioner has placed on record Annexure P-4 stated to be a panel prepared by the respondents for promotion of Superintendent Grade-II to the post Superintendent Grade-I in the year 2024, wherein his name figures at Serial No.24.

2(iii) Petitioner preferred a Hrepresentation to respondent No.1 through proper channel on 11.06.2024 [Annexure P-5 (colly)], impressing upon the respondents to promptly convene the meeting of Departmental Promotion Committee (DPC) meeting for making promotion to the post of Superintendent Grade-I, as he was due for superannuation on 30.06.2024.

2(iv) Petitioner instituted this writ petition on 22.06.2024, seeking directions to the respondents to convene hDPC meeting for promotion to the post of Superintendent gGrade-I on the basis of panel already drawn by respondent No.2 and also to consider the case of the petitioner for promotion to the post of Superintendent Grade-I. Alternatively, it was prayed that in case the DPC meeting is not convened prior to petitioner’s superannuation, respondents be directed to consider his case for promotion to the post of Superintendent Grade-I notionally with effect from the date the panel of Superintendent Grade-II for promotion to the post of Superintendent Grade-I was drawn. Petitioner as, noticed above, superannuated on 30.06.2024.

3. Heard learned counsel for the parties and considered the case file. H Learned counsel for the petitioner placed reliance upon Union of India & Anr Vs. Hemraj Singh Chauhan & Ors2, wherein it was held that right of eligible employees to be considered for promotion is virtually a part of their fundamental right guaranteed under Article 16 of the Constitution. The guarantee of a fair consideration in matters of promotion under Article 16 virtually flows from the guarantee of equality under Article 14 of the Constitution. In hthe facts of the case, it was held