Amar Nath Dhiman vs State of H.P.

Justice V.K. Ahuja, J.—Petitioner was appointed as Manager, District Industries Centre in the Department of Industries. He alleged that he falls under the feeding category for promotion to HPAS category against Non Tehsildar category. The process for filling up two posts of HPAS was initiated by the Personnel Department. The process was completed to fill the aforesaid two posts of HPAS from Non Tehsildar categories. The petitioner represented the matter since his case was not considered by the DPC and it is alleged by the petitioner that a plea was taken by the H.P. Public Service Commission that the posts in question were not filled up from Non Tehsildar Category. Thus, the petitioner has prayed for the following reliefs by way of the present writ petition:

i. That the respondents may very kindly be directed to convene the meeting of Departmental Promotion Committee for making promotions to the H.P.A.S. cadre from Non Tehsildar Categories as was earlier scheduled to be held on 18.2.2008 pursuant to the letter issued by respondent No. 2 on 16.2.2008 at Annexure P-5 and the petitioner may be considered therefor, his being in the consideration zone for promotion and the promotions to the H.P.A.S. cadre may very kindly be ordered to be made w.e.f. due date with all consequential benefits.

ii. That the communication dated 20.3.2004 at Annexure P-8 made by respondent No. 2 may very kindly be quashed and set aside.

A notice of the petition was issued to the respondents, who filed their replies.

Respondents have brought this fact on record that the petitioner already stands promoted on 25.7.2008 prior to the filing of the petition, which was filed in the year 2009. Once the petitioner has been promoted in his own Department to the post of General Manager/Deputy Director, Industries, he is not entitled to be considered for promotion in the HPAS category. This fact was concealed by the petitioner at the time of filing of the petition, which act of the petitioner cannot be appreciated. In view of the above, there is no merit in the petition once the petitioner stands already promoted in his own Department. Therefore, the petition is dismissed and stands disposed of accordingly, so also the pending application(s), if any.