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Himachal Pradesh High Court · body

2016 DIGILAW 1921 (HP)

MITTER DEV v. SECRETARY (PW)

2016-09-07

V.K.SHARMA

body2016
JUDGMENT : 1. Heard. 2. As per 'Recruitment and Promotion Rules for the post of Work Charged Electrician Grade-II (subsequently re-designated as Junior Technician) in the Department of Public Works, Himachal Pradesh,'Annexure A-4, on completion of five years service as T-Mate, the applicant who is holding ITI diploma, became eligible for promotion as Junior Technician against 30% quota meant for his category on and with effect from 01.01.2002. however, he was not promoted as according to the respondents, DPC could not be convened prior to 01.11.2002 when the case of the applicant was considered and he was granted promotion. According to the applicant, a post was available for him in his quota right from 01.01.2002, but promotion was denied to him only for the reason that DPC was not convened. 3. It is his further case that in the meantime, vide office order dated 08.07.2002, Annexure A-5, as many as twenty eight (28) T-Mates (work-charge) detailed therein were promoted as Junior Technician against 70% quota meant for their category. Thus, in essence the grievance raised by the applicant is that despite availability of vacancy, his case for promotion as Junior Technician was not considered for full ten months and due to the intervening promotion of T-Mates (won -charge), vide the aforesaid office order dated 08.07.2002, Annexure A-5, they have stolen march over him. 4. On 20.11.2015, the following order was passed by this Tribunal in this matter:- "For effective adjudication of the present transferred application which is listed today for final hearing, it shall be expedient and in the interest of justice that record of the DPCs for the post of Junior Technician (Grade-II) held in the months of July, 2002 and November, 2002 is produced by the respondents for perusal of this Tribunal. Ordered accordingly. List on 17.03.2016." 5. The order passed subsequently on 18.03.2016 is as under:- "Though in terms of order dated 20.11.2015 the record of the DPCs for the post of Junior Technician (Grade-II) held in the months of July, 2002 and November, 2002 has been produced for perusal of this Tribunal, yet the same does not contain the memoranda prepared for holding those DPCs, which be also now produced on the next date of hearing." 6. Thereafter, the following order came to be passed on 22.07.2016:- "On 20.11.2015, the following order was passed by this Tribunal in this matter: - For effective adjudication of the present transferred application which is listed today for final hearing, it shall be expedient and in the interest of justice that record of the DPCs for the post of Junior Technician (Grade-II) held in the months of July, 2002 and November, 2002 is produced by the respondents for perusal of this Tribunal. Ordered accordingly. List on 17.03.2015. 2. Subsequently, on 18.03.2016, the following order came to be passed:-Though in terms of order dated 20.11.2015 the record of the DPCs for the post of Junior Technician (Grade-II) held in the months of July, 2002 and November, 2002 has been produced for perusal of this Tribunal, yet the same does not contain the memoranda prepared for holding those DPCs, which be also now produced on the next date of hearing. List on 06.05.2016. 3. However, the learned Additional Advocate General states on instructions that the record mentioned in. the above order dated 18.03.2016 could not be traced despite best efforts. Accordingly, the transferred application is adjourned for final hearing and is ordered to be now listed during Circuit Sitting at Mandi on 07.09.2016, as jointly prayed for on behalf of the parties." 7. Thus, it is manifest that the memoranda prepared for holding DPC in respect of the category of T-Mates (work-charge) against 70% quota could not be traced by the Department despite best efforts. Had the same been available for perusal of this Tribunal, the breakup of posts in each category and the respective dates of availability of such posts could have very well been ascertained. 8. Had the same been available for perusal of this Tribunal, the breakup of posts in each category and the respective dates of availability of such posts could have very well been ascertained. 8. Against the foregoing background, the transferred application is disposed of with a direction to the respondents/competent authority to consider the case of the applicant for promotion as Junior Technician viz-a-viz the promotion granted to the aforesaid twenty eight T-Mates (work-charge) against 70% quota vide office order dated 08.07.2002, Annexure A-5, and in case it is found that a post was available for him against 30% quota even before promotion of those twenty eight T-Mates (work- charge), to proceed further in the matter in accordance with rules/law as expeditiously as possible, but in any case not later than three months from the date of production of certified copy of this order by the applicant before the said authority, after affording an opportunity of being heard to him, the aforesaid twenty eight (28) T-Mates (work-charge) promoted as Junior Technician and any other person likely to be affected by such exercise. 9. The transferred application as also pending miscellaneous application(s), if any, stand disposed of in the above terms.