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High CourtsDivision Bench(2024) 04 SHI CK 0035

Pushpa Kumari vs State Of H.P. And Ors

High Court Of Himachal Pradesh · Decided on 9 April 2024

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Sushil Kukreja, J
CASE NUMBER
CWPOA No.6957 Of 2020

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Judgment

10 paragraphs · 344 words

@JUDGEMENTTAG- JUDGEMENT

Tarlok Singh Chauhan, J

1.

The instant petition has been filed for grant of the following substantive relief:-

“That the respondents may be directed to hold Departmental Promotion Committee/ Review Departmental Promotion Committee for promotion to the post of Block Development Officer, from the cadre of SEBPO and applicant may be considered and promoted to the post of Block Development Officer from due date i.e. 29.09.2018, when other candidates who were in the zone of consideration alongwith applicant, with all consequential benefits of pay, seniority etc.”

2.

Learned counsel for respondent No.3 states that he is under instructions not to file any separate reply and would be adopting the reply filed on behalf of respondents No.1 & 2. His statement is taken on record.

3.

The specific stand of the respondents in their reply is that the case of the petitioner for promotion to the post of Block Development Officer could not be considered in the Departmental Promotion Committee (DPC) held of 29.09.2018 for non-availability of the ACRs of the petitioner for the requisite period of five years. It is the further contention of the respondents that the petitioner was promoted in the year 2019 when her ACRs for the requisite period of five years was completed.

4.

It is not in dispute that as regard the ACRs, it is respondents No.1 & 2, who were the custodian thereof and, therefore, mere non-availability of ACRs could not be a ground to deny promotion to the petitioner, if found eligible and suitable.

5.

In the given facts and circumstances, we deem it appropriate to dispose of this petition by directing the respondents to consider the case of the petitioner for promotion to the post of Block Development Officer from the due date, when the DPC was held initially on 29.09.2018 and if found eligible and suitable, promote her from the said date alongwith all consequential benefits. Ordered accordingly. This entire exercise be completed within a period of four weeks.

To come up for compliance on 14.05.2024

Pending application(s), if any, stands disposed of.