JUDGMENT : Ranjan Sharma, J. 1. Heard, Learned Counsel for petitioner and Learned State Counsel at length. 2. Petitioner-Dropta Devi, Senior Assistant, has come up, before this Court, seeking the following relief(s):- “a) To issue a writ of certiorari or direction in nature thereof, quashing the impugned order dated 05.02.2025 being Annexure P-7 of the writ petition, as unconstitutional and illegal and contrary to the law; b) To issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent department to permit the petitioner either to discharge her duties at present place of posting or transfer her to any place of convenience at par with other incumbents who have been adjusted vide Office Order dated 04.02.2025 (Annexure P-8) with all consequential benefits for all purposes and intents.” FACTUAL MATRIX 2.1 Case, as set up, by Learned Counsel, is that the petitioner was engaged as a Beldar [Class-III, on daily wage basis] on 01.01.2002 but since appointment, she was made to perform duties of higher post of Clerk-cum-Typist [Class-III] by the State Authorities: (i) Based on the work performed, the petitioner filed an Original Application No.3264 of 2003 before Himachal Pradesh State Administrative Tribunal seeking regularization as Clerk-cum-Typist [Class-III] and upon abolition of State Administrative Tribunal, the matter stood transferred to this Court, as CWP(T) No.9797 of 2008 and in terms of judgment dated 17.09.2012, [Annexure P-1] , respondents were directed to regularize the petitioner as Clerk [Class-III] w.e.f. 01.01.2002 with all consequential benefits, with the rider that arrears were restricted for three years, prior to filing of writ petition. (ii) The State Authorities assailed the judgment dated 17.09.2012 [Annexure P-1] in LPA No.4040 of 2013 and in terms of judgment dated 13.10.2022, [Annexure P-2] the appeal was dismissed and the Impugned judgment dated 17.09.2012 [Annexure P-1]was upheld. (iii) The State Authorities assailed the judgment dated 13.10.2022 [Annexure P-1], in LPA No.4040 of 2013, before the Hon’ble Supreme Court of India, In re: State of Himachal Pradesh and another versus Dropta Devi, in SLP (C) No.21468 of 2023 and in terms of the orders dated 25.09.2023 [Annexure P-3] , the SLP was dismissed. 3 . (iii) The State Authorities assailed the judgment dated 13.10.2022 [Annexure P-1], in LPA No.4040 of 2013, before the Hon’ble Supreme Court of India, In re: State of Himachal Pradesh and another versus Dropta Devi, in SLP (C) No.21468 of 2023 and in terms of the orders dated 25.09.2023 [Annexure P-3] , the SLP was dismissed. 3 . After dismissal of SLP on 25.09.2023 [Annexure P-3] , the petitioner filed a Contempt Petition (C) No.553 of 2024, before the Hon’ble Supreme Court of India when, the respondents/alleged contemnors were issued notice for personal appearance as per orders dated 2.1.2025 for 3.2.2025. However, on appearance by respondents/alleged contemnors, the Hon’ble Supreme Court of India passed an order dated 03.02.2025 [Annexure P-4, Colly] , disposing of the contempt proceedings in view of compliance made whereby, as per the orders dated 22.1.2025 [Annexure P-5] , petitioner was promoted as Senior Assistant w.e.f. 16.07.2014 with all consequential orders. 4. Perusal of the Orders dated 22.01.2025, [ Annexure P-5] supra, indicates that though Respondent No.2-Engineer-in-Chief [HPPWD], promoted the petitioner as Senior Assistant w.e.f. 16.07.2014 with all consequential benefits yet, a stipulation was clearly reflected that the posting order/seniority of the official shall be issued separately, which is borne out from the orders dated 22.01.2025, which reads as under:- [Annexure P-5] Dated:22.01.2025 “Himachal Pradesh Public Works Department OFFICE ORDER On the recommendation of Departmental Promotional Committee and in compliance to the Judgment passed by the Hon’ble Supreme Court of India in SLP(C) No.21468 of 2023, Smt. Dropta Devi, Jr. Asstt., presently posted in HPPWD Divn. Theog is hereby promoted to the post of Senior Assistant in the pay scale of Rs.10300- 34800+4400 Grade Pay (Pre-Revised) on regular basis with effect from 16.07.2014 with all consequential benefits. The posting order/seniority of the official shall be orders separately. Sd/- Engineer-in-Chief HPPWD, Shimla-2. (i) As a sequel to promotion orders dated 22.01.2025 [Annexure P-5], the petitioner has not placed on record any posting order(s) but in absence of any posting order(s), petitioner claims to have reported/joined on promotion, as Senior Assistant in Office of Executive Engineer, B&R, Division Theog as per joining report (undated) [Annexure P-6] , which as per averments in writ petition is dated24.01.2025. CHALLENGE TO IMPUGNED ORDER DATED 5.2.2025 [ANNEXURE P-7] IN INSTANT PROCEEDINGS 5. CHALLENGE TO IMPUGNED ORDER DATED 5.2.2025 [ANNEXURE P-7] IN INSTANT PROCEEDINGS 5. Now, in instant proceedings, the petitioner has assailed the orders dated 5.2.2025 [Annexure P-7], [referred to as as Impugned Orders] , posting the petitioner, on promotion as Senior Assistant, in HPPWD Division Tissa at Bhajraroo, against vacant post. The posting orders dated5.2.2025 [Annexure P-7], reads as under: “Himachal Pradesh Public Works Department OFFICE ORDER Consequent upon her promotion to the post of Senior Assistant as issued vide this office order No. PWE-79-1-Sr. Asstt. Prom./ESI-21976-22096 dated 22.01.2025, Smt. Dropta Devi, on her promotion to the post of Senior Assistant is hereby further posted in HPPWD Divn. Tissa at Bhajraroo against vacant post with immediate effect in the public interest. The official shall be entitled for TTA/JT. The controlling officer (concerned) shall adhere to the instruction issued by the Department of Personnel to the Govt. of HP Shimla vide letter No.Per (AP-B)E(3)-17/2022-Part dated 04.09.2023 for implementation of orders. Sd- Engineer-in-Chief HPPWD, Shimla-2. GROUNDS AND CONTENTIONS FOR ASSAILING IMPUGNED POSTING ORDERS DATED 5.2.2025 [ANNEXURE P-7] 6. Learned counsel for petitioner has assailed the Impugned orders dated 5.2.2025, [Annexure P-7], posting the petitioner, on promotion, as Senior Assistant in HPPWD, Division Tissa at Bhajraroo against vacant post on the ground; firstly that the present posting orders to a far flung area is a vindictive act of respondents and secondly, the posting orders are malafide and illegal as some other incumbents on promotion were adjusted at same or nearby stations and therefore, the Impugned Order dated 5.2.2025, [Annexure P-7] has been issued only to harass the petitioner for pursuing her legal remedies. 7. Heard, Mr. Prem Prakash Chauhan, Learned Counsel for the petitioner and Mr. Y.P.S. Dhaulta, Learned State Counsel for the respondents, at length. 8. Upon listing of this petition, in Pre-Lunch Session, the matter was heard for quite some time. However, based on material on record and contentions of Learned State Counsel, the matter was passed over, so as to enable, Learned State Counsel to verify the factual aspects. The matter was again taken up in Post- Lunch Session, when, Learned State Counsel placed on record, a communication, sent by petitioner, after issuing of posting orders dated 5.2.2025, to Respondent No.2-Engineer-in-Chief [being Cadre Controlling Authority of Senior Assistant], after 18.2.2025, undertaking to join at Bhajraroo, after her fitness, which reads as under:- To The Worthy Engineer-in-Chief, HPPWD, Shimla-2. The matter was again taken up in Post- Lunch Session, when, Learned State Counsel placed on record, a communication, sent by petitioner, after issuing of posting orders dated 5.2.2025, to Respondent No.2-Engineer-in-Chief [being Cadre Controlling Authority of Senior Assistant], after 18.2.2025, undertaking to join at Bhajraroo, after her fitness, which reads as under:- To The Worthy Engineer-in-Chief, HPPWD, Shimla-2. Subject: Reply to the notice dated 18.02.2025. Respected Sir, Kindly refer to the notice dated 18.02.2025 issued by your good office, whereby I have been asked to submit the reasons for not joining at the place of posting i.e. Executive Engineer HPPWD Division Tissa after issuance of promotion orders dated 05.02.2025 In this behalf the detailed reasons for non-joining at the place of posting are as under:- (i) That I am suffering from Gynaecological deceased for the last one and half year. Due to menopause excess blooding I was advised by the doctor to take rest and restrain from continuous travelling. Before joining at the place of posting i.e. o/o Executive Engineer HPPWD Division Tissa I have consulted with the doctor at Civil Hospital Theog on 11.02.2025. In view of the Test reports, the doctor has advised me to take rest for at least seven days. The copy of prescription slip is enclosed. (ii) That I have intimated the o/o Executive Engineer HPPWD Division Tissa through Email on 11.02.2025 that due to my health condition I cannot join the service at the place of posting. The copy of email receipt is enclosed. (iii) That after seven days I have again consulted the doctor on 18.02.2025 and on the said date he has again advised me to take rest for another seven days in view of my irregular period. The copy of prescription slip is enclosed. Sir, it is further submitted that my health condition is still not well and it is not possible for me to join at the place of posting as advised by the Doctor. However, I assure that after taking the fitness certificate I will join at the place of posting. Therefore, I tender unconditional apology for not adhering to the directions of your good office. Thank you sir, Yours faithfully Sd/- W/o Sh. Manoj Kumar R/o Village & PO Chanair, Tehsil Theog, District Shimla. ANALYSIS 9. However, I assure that after taking the fitness certificate I will join at the place of posting. Therefore, I tender unconditional apology for not adhering to the directions of your good office. Thank you sir, Yours faithfully Sd/- W/o Sh. Manoj Kumar R/o Village & PO Chanair, Tehsil Theog, District Shimla. ANALYSIS 9. Taking into account the entirely of facts and circumstances and the contentions raised and the material on record and upon hearing the Learned Counsels, this Court, is not inclined to interfere with the Impugned posting orders dated 5.2.2025 [Annexure P-7], issued as a sequel to promotion orders dated 22.01.2025 [Annexure P-5], promoting the petitioner as Senior Assistant, for the following reasons:- (i) Perusal of orders dated 22.1.2025, [Annexure P-5], issued by Engineer-in-Chief [being Cadre Controlling Authority] indicates that in compliance to the judgment(s), the petitioner was promoted as Senior Assistant w.e.f. 16.7.2014 with the stipulation in clear “that the posting order/seniority of the official shall be issued separately”. Once, incompliance to promotion orders dated 22.01.2025, [Annexure P-5] Respondent No.2 issued the posting orders on 5.2.2025, (Annexure P-7), posted the petitioner as Senior Assistant in HPPWD Division Tissa, Bhajraroo against vacant post with immediate effect, in public interest, then, in these circumstances, this Court sees no reason, as to why and on what grounds-basis, the posting orders dated 5.2.2025 [Annexure P-7], do not conform to rationale and logic. Moreover, once the petitioner was promoted as Senior Assistant on 22.01.2025 [Annexure P-5], and these orders contained a stipulation that posting will be assigned separately, then, once the Learned Counsel for petitioner is unable to point out violation of any rule or norm(s) that issuance of posting order(s), upon promotion was in any manner illegal therefore, in these circumstances, the Impugned Order dated 5.2.2025 [Annexure P-7], assigning posting to petitioner does not suffers from any infirmity or illegality. (ii) Even a perusal of communication-reply [Taken on Record] submitted by petitioner-Dropta Devi to Respondent No.2-Engineer-in-Chief [PW], shows the willingness to join at place of posting under Executive Engineer [PW] Division Tissa, after fitness from ailment reads as under:- Sir, it is further submitted that my health condition is still not well and it is not possible for me to join at the place of posting as advised by the Doctor. However , I assure that after taking the fitness certificate I will join at the place of posting. However , I assure that after taking the fitness certificate I will join at the place of posting. Therefore, I tender unconditional apology for not adhering to the directions of your good office. (iii) Petitioner cannot approbate and reprobate and she cannot blow hot and cold in same breath. The petitioner herself has shown her intent-willingness to join the place of posting, upon promotion, in the Office of Executive Engineer [PWD], Tissa at Bhajraroo, in terms of the orders dated 5.2.2025, after taking fitness from Medical Officer and therefore, in these circumstances, the posting orders do not suffer from any illegality or arbitrariness. (iv) Now, coming to the contention of Learned Counsel for petitioner that orders dated 5.2.2025, [Annexure P-7], has been passed as vengeance for approaching the Courts from time to time is misconceived, for the reason, that the plea of malice in fact, as is contended by Learned Counsel for the petitioner cannot be looked into without impleading such person(s) as party-respondents. In absence of mpleadment, mere bald allegation(s), attributing factual malice cannot be looked into and that too behind the back of any such person and therefore, the contention is misconceived and is outrightly rejected in instant proceedings. (v) Plea of Learned Counsel for petitioner asserting malice in law is also misconceived and not made out, when Learned Counsel for petitioner has not shown violation of any rule or norm(s) that the order of promotion dated 22.01.2025 stating that the posting orders shall be ordered separately and even posting orders dated 5.2.2025 [Annexure P-7] posting the petitioner in Office of Executive Engineer [PW], Tissa does not conforms to law. (vi) Even the conduct of petitioner needs to be examined. Perusal of promotion orders dated 22.1.2025, [Annexure P-5], indicates that Respondent No.2 Engineer- in-Chief [PW], promoted the petitioner as Senior Assistant w.e.f. 16.7.2014 with stipulation that posting order/seniority will be assigned separately. Awaiting issuance of posting orders and in absence thereof, the petitioner is stated to have joined in Office of Executive Engineer, Theog (B&R Division), on 24.01.2025 [in para 11 of writ petition] without any authority of law. In absence of any posting orders her joining at Theog [Shimla] appears to be doubtful and not in accordance with law. Awaiting issuance of posting orders and in absence thereof, the petitioner is stated to have joined in Office of Executive Engineer, Theog (B&R Division), on 24.01.2025 [in para 11 of writ petition] without any authority of law. In absence of any posting orders her joining at Theog [Shimla] appears to be doubtful and not in accordance with law. (vii) Now, coming to the contention, that the persons who were promoted as Senior Assistant on 4.2.2025, [Annexure P-8], were adjusted at same and nearby stations cannot come to the rescue of petitioner for the reason, that no details of incumbency of such incumbents have been placed on record and assigning posting on promotion lies within domain of an employer and in absence of any violation of any statutory rule, the plea is misconceived. (viii) Petitioner has come to his Court with unclean hands. Petitioner has suppressed material facts that in response to promotion orders dated 22.1.2025 [Annexure P-5] and posting orders dated 5.2.2025 [Annexure P-7] the petitioner had shown her willingness by way of communication submitted in response to letter dated 18.02.2025 to join in the office of Executive Engineer [PW] Tissa [Bhajraroo, District Chamba] which was placed on record by Learned State Counsel during hearing. Thus, the suppression of material facts by petitioner, overturns the entire claim- controversy and disentitle the petitioner for any relief, in these proceedings. CONCLUSION AND DIRECTIONS 10 . In view of the above discussion and for the reasons recorded hereinabove, the instant petition is dismissed in limine in following terms: (i) Posting Order dated 5.2.2025 [Annexure P-7], issued as an off-shot of Promotion orders dated 22.1.2025, [Annexure P-5], do not suffer from any infirmity, illegality or perversity. (ii) Impugned Order dated 5.1.2025 [Annexure P-7]are upheld. (iii) Parties to bear respective costs. 11 . Before parting, this Court, observes that in case, the petitioner has any grievance(s) she is free to make representation, to competent authority hereinafter, which shall be examined independently, and without, being influenced by any of the observations made hereinabove, in accordance with law. 12. In view of above, the instant petition is dismissed and pending miscellaneous application(s), if any also stand disposed of.