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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWPOA No.5476 of 2019 Decided on: 02.04.2026

Vijay Kumar .......Petitioner

Versus

State of H.P and another f...Respondents Coram Hon’ble Mr.Justice Jiya Lal Bhardwaj, Judge.

Whether approved for reportting?1 For the petitioner: rMr.Shekhar Badola, Advocate vice Mr.Parav Sharma, Advocate.

For the respondents: Mr.Hemant Kumar Verma, Deputy Advocate General.

Jiya Lal Bhardwaj, Judge (Oral)

By way of present petition, the petitioner has

prayed for the following substantive reliefs:-

“(i) That the order dated 6.7.2015 at annexure A-6 whereby the claim of the applicant for promotion of Jr. Scale Stenographer w.e.f. 2002 has been rejected, may kindly

be quashed and set aside.

(ii) That the respondents may further be directed to grant promotion to the applicant post of Jr. Scale stenographer w.e.f due date when the vacancy of Jr. Stenographer became available with the respondent department

during the year 2002, with all consequential benefits.”

2. As per pleadings in the writ petition, the petitioner was appointed as Steno Typist with the respondent

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

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Department on 01.09.1990. Thereafter, he was promoted to

the post of Junior Scale Stenographer in August, 20P10. The grievance of the petitioner in the writ petition is that two posts of Junior Scale Stenographers had become available for promotion in the year 2002 and the petitioner was eligible and qualified for promotion anod was in the zone of consideration, as is evident fro m the vacancy position of 2002, obtained under the rRight to Information Act (Annexure A-2). The petitioner was though eligible, but the respondents ignored him and did not conduct DPC and as such, the petitioner was deprived of his due and legitimate claim of

promotion to the post of Junior Scale Stenographer.

3. It has been averred that in the year 2008, when the family circumstances of the petitioner were adverse, he was offered promotion to the post of Junior Scale Stenographer, but he declined, on that occasion. However, subsequently, he was promoted to the post of Junior Scale Stenographer. The petitioner came to know about the vacancy position of 2002 in the year 2014, when he obtained information under the Right to Information Act. Thereafter he made representations dated 25.07.2014 and 10.09.2014, and

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when no response was received from the respondents, he filed

the writ petition before this Court. P

4. The writ petition filed by the petitioner, bearing CWP No.9369 of 2014, titled, Vijay Kumar vs. State of Himachal Pradesh and another, came to be disposed of on 29.12.2014, with a direction to theo respondents to decide the representations dated 25.07.2 014 (Annexure P-3) and 10.09.2014 (Annexure P-4r), submitted by him, in accordance with law and in view of the judgment rendered by this Court on 11.12.2012 in CWP No.1211 of 2012, titled, Shri Ramesh Chand Rana vs. State of Himachal Pradesh and another , by affording due opportunity of

hearing/representation to him, within a period of four weeks.

5. In sequel to the directions issued by this Court, the respondents have rejected the claim of the petitioner on the ground that the judgment passed in Ramesh Chand Rana’s case (supra), cannot be made ipso-facto applicable in the present case, as in the case of Sh. Ramesh Chand Rana, no written request was received from him for forgoing his promotion to the post of Junior Scale Stenographer. However, in the present case, the petitioner had made written requests on 19.06.2008 and 09.07.2008, showing his inability to avail

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promotion owing to extreme domestic circumstances. He had

also submitted that he has no objection even if theP persons junior to him are prom