Shalima Sharma vs State Of Himachal Pradesh & Ors

Sandeep Sharma, J

By way of instant petition, petitioner has prayed for following reliefs:-

"(i) That the impugned office order dated 17.09.2018(Annexure A-9), may kindly be quashed and set-aside.

(ii) That the respondents may kindly be directed to implement the minutes of meeting of Board of Directors of Himachal Road Transport Corporation (Annexure A-8), whereby approval for imparting SAS training at HIPA to 11 candidates, who have qualified SAS Preliminary Examination conducted on 8th & 9th July, 2017 including the applicant was accorded.

(iii) That the respondents may kindly be directed to sponsor the applicant for imparting training of Section Office (S.A.S.) alongwith other successful HPSAS candidates.

(iv) That the respondents may kindly be directed to consider the name of the applicant for 10th sanctioned/approved post of Section Officer (S.A.S) to be filled up in the respondent-Corporation through preliminary competitive examination 2017."

Learned counsel representing the petitioner fairly states that first prayer made in the petition has become infructuous in terms of judgment dated 15.07.2020, passed by leaned Single Judge in CWPOA No.25 of 2019, titled as Ms. Kiran and others versus State of Himachal Pradesh and others.

Learned counsel representing the petitioner states that the petitioner would be content and satisfied in case respondents are directed to implement the Minutes of meeting of Board of Directors, Himachal Road Transport Corporation held on 19.09.2017 (Annexure A-8), whereby approval for imparting SAS training at HIPA to 11 candidates, who have qualified SAS preliminary examination conducted on 8th and 9th July, 2017 stands accorded.

Careful perusal of Annexure A-8 clearly reveals that Board of Directors having taken note of the fact that 9 posts of SO (SAS) were advertised in the month of February, 2017 and 11 candidates qualified the preliminary examination, approved to sponsor all the 11 qualified candidates for imparting SAS training at HIPA. Though, the respondents in their reply have stated that since only nine posts of SO (SAS) were advertised, they have rightly vide communication dated 9.3.2021 requested the Director HIPA to impart training to 9 candidates, but careful perusal of proceedings of the meeting of Service Committee of HRTC held on 25.6.2016 ( Annexure A-4) reveals that service committee proposed to fill up 10 posts of SO (SAS) by taking competitive examination. Having taken note of aforesaid decision taken by the Service Committee of HRTC, Board in its meeting held on 19.9.2017 decided that all the 11 qualified candidates be sent for imparting SAS training at HIPA. Further perusal of decision of Board reveals that it with a view to adjust two more persons for SO(SAS) training decided to revive two posts, so that persons are deputed at four new depots.

Since, the Board after having taken note of recommendation of Service Committee itself decided to send all the 11 qualified candidates for imparting SO(SAS) training, prayer made on behalf of the petitioner deserves to be allowed.

Consequently, in view of the above, the present petition is allowed and respondents are directed to implement the minutes of the meeting of Board of Directors of Himachal Road Transport Corporation (Annexure A-8) forthwith by sending all the selected candidates for training including the petitioner. Pending applications, if any, also stands disposed of.