Ashwani Chambyal vs Rohit Jamwal

Jyotsna Rewal Dua, J

Notice. Mr. Anil Jaswal, learned Additional Advocate General, appears and accepts service of notice on behalf of the respondent.

Petitioner alleges that office order dated 26.05.2020 (Annexure P-4), violates the judgment dated 04.01.2020, delivered in CWP No.60 of 2020. The operative part of the aforesaid judgment is extracted hereinafter :-

"3. Learned Additional Advocate General submits that though 9 posts of Science Supervisors are lying vacant, but it shall not confer any right on the petitioner to seek promotion to the said post. He further submits that in case any promotion is made to the posts of Science Supervisors, the same shall be effected in accordance with the Recruitment and Promotion Rules.

In the facts and circumstances of the case, we dispose of this writ petition with an observation that promotion to the post of Science Supervisor shall be done in accordance with Recruitment and Promotion Rules. Needless to say, in case the petitioner feels that he is overlooked by the respondents at the time of promotion, he shall be at liberty to make representation and also to approach this Court, if he is so advised."

The precise submissions made by learned counsel for the petitioner is that vide office order dated 26.05.2020, respondent-State has promoted one Ravi Kumar as Science Supervisor in-violation of Recruitment and Promotion Rules. In making such promotion, respondent-State has violated the specific direction issued in Para -4 of the aforesaid judgment, whereunder promotion to the post of Science Supervisor was to be made only in accordance with Recruitment and Promotion Rules.

3(i). A bare perusal of office order dated 26.05.2020, reveals that it is only a transfer/adjustment order. The order does not promote any incumbent to the post of Science Supervisor. Therefore, there is no merit in the contention raised by the petitioner that the directions issued in the judgment of making promotion in accordance with Recruitment and Promotion Rules has been violated by the respondent-State.

3(ii). Learned counsel further submits that he has otherwise preferred CWP No. 1092/2020 titled as Ashwani Chambyal Vs. State of Himachal Pradesh for quashing the posting and appointment to the post of Science Supervisor by arraying the incumbents, who are allegedly appointed in contravention to the Recruitment and Promotion Rules, which is lying pending adjudication before this Court. Learned counsel also submits that additionally, he has also preferred a review of the judgment dated 4.01.2020, passed in CWP No.60 of 2020.

Taking into account the overall facts and circumstance of the case, no contempt as alleged is made out in the instant case. Therefore, being devoid of any merit, the present petition is dismissed, so also pending miscellaneous application(s), if any.

The parties shall not insist upon for obtaining certified copy of this judgment and shall download the same from the website of the High Court. However, the Registry is directed to send copy of this judgment to learned counsel for the parties through email subject to furnishing email addresses by them, if so required.