R.S. Tegta vs H.P. Forest Corporation and Others

Kurian Joseph, C.J.—Aggrieved by the denial of the promotion to the post of Superintendent, the Petitioner approached the erstwhile H.P. State Administrative Tribunal. The Tribunal dismissed the application on the ground of delay and hence, this Writ Petition. Though several contentions are taken with regard to the delay in the Tribunal (now abolished) and since the essential dispute can otherwise be resolved, we have decided to address the issue as such. According to the Petitioner, the post of Superintendent should have been filled up by way of promotion whereas it has been filled up by direct recruitment.

There are other contentions as well. As rightly pointed out by the learned Counsel appearing for the Corporation, the service conditions provided appeal to the Chairman of the Corporation at the relevant time against any decision taken by the Managing Director. In the instant case, though the decision has been taken by the Managing Director turning down the request of the Petitioner, therefore, it is appropriate if the matter is considered by the Chairman. In the event of the Petitioner filing an appeal to the Chairman in view of the amended bye-laws within a period of one month from today, the same shall be treated to have been filed in time. The Chairman shall consider the matter with notice to the Petitioner and affected party and appropriate order be passed within four months. The Writ Petition is disposed of, so also the pending application.