Once a delay in joining a promoted post is officially condoned and the promotion order is not withdrawn, the employee is entitled to seniority from the original date of the promotion order based on their assigned merit, consistent with the principle of equality under Article 14.

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

Jiya Lal Bhardwaj, Judge(Oral)

The petitioner, by way of present petition, has prayed for the following substantive reliefs:-

“(i) That a Writ in the nature of certiorari for quashing the order dated 9.7.2009 whereby while condoning the period of joining, a condition has been imposed to grant the seniority as Head Mistress from the date of joining in her present place of posting (Annexure P-3), order dated 10.6.2009 passed by respondent no. 3 (Annexure P-6), order-dated 31.8.2010 passed by respondent no.3 (Annexure P-6), order-dated 31.8.2010 passed by respondent no.3 (Annexure P-7), as well as the order dated January 2011, (received by the petitioner on 18.2.2012 (Annexure P-10) and also to quash the promotions of the respondent nos. 4 to 16 who being juniors have been promoted over and above the petitioner.

(ii) That a Writ in the nature of mandamus directing the respondents to grant the seniority to the petitioner from the date of her promotion order-dated 24.3.2008 regarding which period of joining has already been condoned by the respondent no. 2 and also to grant all consequential benefits including the promotion to the post of Center Head Teacher from the date when the juniors to the petitioners have been promoted.”

2. The facts which emerge from the pleadings, are that as per office order dated 24.03.2008 (Annexure P-1), the petitioner on the recommendation of the Departmental Promotion Committee was placed/transferred on the post of Head Teacher in the pay scale of Rs.4550-7220, but due to medical reasons, she could not join within the stipulated period of 15 days. However, later on, as per office order dated 30.06.2009 (Annexure P-2), the petitioner was adjusted in GPS Mehatpur Market, District Una in condonation of delay in joining period. In pursuance of the said order dated 30.06.2009, the petitioner submitted her joining report, but she was not allowed to join her duties and told that the clarification be got from respondent No.2. In response to the letter of respondent No.3, respondent No.2 issued an office order on 09.07.2009 (Annexure P-3) stating that the petitioner has been adjusted against vacant post of Head Teacher in condonation of delay in joining time. However, her seniority be reckoned from the date she joins at new place of posting. Thereafter, as per office order dated 14.07.2009 (Annexure P-4) passed by respondent No.3, the petitioner was permitted to join her duties but with the condition that her seniority as Head Teacher will be reckoned from the date of joining in her present place of posting.

3. The petitioner feeling aggrieved by the said order had preferred the representations before respondent No.1, however, the same were not decided. The petitioner feeling aggrieved by the inaction on the part of the respondents-State had approached this Court by way of CWP No.6665 of 2010, titled, Raksha Mankotia Vs. State of H.P. & Anr., which petition came to be decided on 22.11.2010, when direction was given to respondent No.2 to consider the representations made by her and take appropriate action thereon in accordance with law within a period of two months from the date of production of a copy of the judgment along with a copy of the writ petition.

4. Respondent No.2 after receipt of the order passed by the Court on 22.11.2010 had passed an order on 18.02.2012 (though mentioned January 2011) (Annexure P-10) and rejected the claim of the petitioner on the grounds that vide order dated 30.06.2009 she was adjusted at GPS Mehatpur Market by condoning the delay in joining perio