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 benefits from due date.

JUDGMENT :

Sandeep Sharma, J.

Precisely, the question, which needs to be determined in the case at hand is that “Whether promotion from the due date, or from the date on which the promotional post became available, can be denied merely on the ground that meeting of Departmental Promotion Committee could not be convened for want of certain clarifications?”

2. Explicitly, relevant facts, as emerge from the pleadings, adduced on record by the respective parties are that petitioner, after his having completed Matriculation in the year 1984, passed Diploma in the trade of Surveyor in the year 1986 (Annexure P-1 colly). On the basis of aforesaid qualification, petitioner was appointed as Surveyor on daily wage basis with the respondent-department w.e.f 02.11.1986. Services of the petitioner were regularized as Surveyor w.e.f. 01.01.1997. After his having completed three years regular service, petitioner, pursuant to permission granted by the department, took admission in the Institute of Advanced Studies in Education Deemed University Gandhi Vidya Mandir Sardarshahr, Rajathan (in short “IASE”) in three year diploma course of Civil Engineering. Petitioner completed said diploma in the year 2009 in first division from afore institute (Annexure P-2).

3. As per the petitioner, he had become eligible for promotion to the post of Junior Engineer in terms of Recruitment & Promotion Rules formulated by the department concerned in the year 2013, but yet despite there being availability of vacancies, he was denied promotion from the due date.

4. Bare perusal of Recruitment & Promotion Rules for the post in question, notified vide notification dated 05.06.2004, reveals that Surveyors having Diploma of at least three years duration in the trade of Civil Engineering or its equivalent from Institution/University recognized by the Central/State Government with three years regular service or regular combined with continuous ad hoc service rendered upto 31.03.1998, if any, are eligible for promotion to the post of Junior Engineer (Annexure P-3). Subsequently, Government of Himachal Pradesh, in consultation with the Himachal Pradesh Public Service Commission, amended Recruitment & Promotion Rules for the post of Junior Engineer (Civil), Class-III (Non-gazetted), Technical Services in Irrigation and Public Health Department, Himachal Pradesh. As per amended Recruitment & Promotion Rules, the quota was increased from 3% to 5%. Primarily, Rule 11(i) of the Notification dated 26.06.2013 is relevant for adjudication of the case at hand (Annexure P-4).

“11. In the case of recruitment by promotion, deputation, transfer, grade from which promotion/deputation/transfer is to be made-By promotion from amongst the following:-
(i) Surveyors having Diploma of at least three years duration in the trade of Civil Engineering or its equivalent from an Institute/University recognized by the Centra/H.P. Government with 3 years regular service or regular combined with continuous ad hoc service rendered, if any, in the grade, failing which the quota will go to Colum 11(ii) below… 5%?

5. In terms of aforesaid Rules, petitioner herein requested the respondent-department for promotion to the post of Junior Engineer (Civil), but his request was denied on the ground that he has not done Diploma in Civil Engineering from the Institute recognized