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Himachal Pradesh High Court · body

2010 DIGILAW 1036 (HP)

S. K. Chona v. State Of H. P.

2010-08-12

SURINDER SINGH

body2010
JUDGMENT : Surinder Singh, J. (Oral) The petitioner is seeking promotion to the post of Head Clerk from the date his junior respondent No. 3 was promoted i.e. the year 1979. 2. The petitioner was facing criminal trial and departmental proceedings. He was acquitted in the criminal case and exonerated in the departmental proceedings. 3. The petitioner was due for promotion from the year 1979, but the respondents delayed the matter for the creation of post of Head Clerk. This matter went on tossing between the Government and the department. 4. Finally, in the month of January, 1997 respondent Director (Civil Supplies) referred the matter to respondent No. 1 for the creation of supernumerary post of Head Clerk. In response thereto vide letter No. FDS.B(15)-5/97, dated 7th May, 1997 (Annexure R-1), respondent No. 1 through Secretary (Food & Supplies) informed respondent Director that since the petitioner has filed OA No. 227 of 1997 i.e. the present CWP(T) No. 4222 of 2008, in the erstwhile Tribunal for the same cause as represented by him, the Government was of the opinion to await the decision. If however, the case of the petitioner was genuine for his promotion, the respondents should not have awaited for the decision of the Tribunal/High Court. The relief for which petitioner was entitled should have been granted to him, soon after even they have come to know about filing the case against them. It is shocking that the respondents desisted from taking any action to take the decision, powers of which were vested in them and grant the relief if found correct instead of the petitioner pushing him back to the Court. 5. In view of the above situation, the respondents are hereby directed to consider the representation pending with them and the claim of the petitioner for his promotion to the next higher post w.e.f. due date i.e. when respondent No. 3 Smt. Sheela Sharma was promoted, with all legal consequential benefits, including the arrears of salary and seniority within a period of two months, from the date of receipt of the certified copy of this order by respondent No. 1. If the petitioner is found entitled for promotion and other consequential benefits, the financial benefits so accrued be also released to him within next two months after finalising the claim of his seniority, failing which the respondents shall be liable to pay interest @ 9% per annum to the petitioner from due date till its final disbursement to him. The matter stands disposed of.