Sonam Bodh And Others vs State Of H.P And Another

Sureshwar Thakur, J

The writ petitioners, belong to the feeder category, of, Group Instructors, wheretowhich, a 50% quota is reserved, for, theirs becoming promoted, to,

the promotional post, of, Assistant Director/Principal, ITI’s. The writ petitioners were initially promoted thereto, through an order, borne in

Annexure P - 3. The afore Annexure is made on 19th May, 2020. However, the order contained in Annexure P-3, became withdrawn, through

Annexure P-4. The reason assigned therein, is, qua in the afore phase or era, the operation of an interim direction, made by the erstwhile H.P. State

Administrative Tribunal, on 15.05.2018, upon, MA No. 867 of 2018, rather, remaining alive or in force, and thereupon, Annexure P-3, making rife

conflicts therewith. The operative portion, of, the afore order, stands extracted hereinafter:

“However, process for promotion to the post of Principal ITI’s may continue, but shall not be finalized without prior approval of this Tribunal,

for which the respondents may seek appropriate directions from this Tribunal at the appropriate time.â€​

A perusal of the afore order unfolds, qua its disempowering the respondents concerned, to, make any final promotion, of, the aspirants, to, the

promotional post of Principal, ITI’s, except with the approval of the Tribunal.

It is not controverted that the promotion order, borne in Annexure P-3, is, made without the leave of the erstwhile H.P. State Administrative

Tribunal, becoming obtained, either by the writ petitioners or by the respondents concerned. Consequently, the reason assigned in Annexure P-4, for

withdrawing the order of promotion, borne in Annexure P-3, is valid, and, is not amenable for any challenge, being made thereon.

Be that as it may, civil writ petition, bearing No. 1928 of 2020, alongwith connected therewith matters, became decided on 10th July, 2020, and

therein, a, direction was made, upon, the respondents concerned, to, consider afresh, the entitlements, of, the aspirants concerned, to, seek promotion

to the promotional post, of, Principal, ITI’s, from the hitherto feeder post, of, Group Instructor(s).

The legal consequence(s), as arise(s) from the verdict pronounced by a Coordinate Bench of this Court, on 10th July, 2020, upon, its making a

decision, upon, civil writ petition No. 1928 of 2020, alongwith connected therewith matters, and wherethrough, the afore leave was granted, to the

respondents concerned, to, consider afresh, the entitlements and rights of the aspirants concerned, for, being considered, for, promotion, to the

promotional post, of, Principal, ITI’s, is that, the prior thereto, the afore extracted order, as made, by the erstwhile H.P. State Administrative

Tribunal, upon, MA No. 867 of 2018, becoming rendered inoperative in future, and/or its holding no force, beyond 10th July, 2020.

Since, subsequent to the afore date, inasmuch as, on 26th August, 2020, the respondents concerned, through Annexure P-7, made an order of

promotion, of, the writ petitioners, yet, the afore order became withdrawn, through Annexure P-8, on grounds similar to the one, as become borne in

Annexure P-4, and wherethrough, the order of promotion, as earlier made, through Annexure P-3, was withdrawn, wherefrom the making, of,

Annexure P-8, becomes unacceptable, and rather, is untenable, (i) as the operation of the order, made in MA No. 867 of 2018, was only upto 10th

July, 2020, and it did not hold any force, nor it remained intact, beyond 10th July, 2020. Conspicuously also, when thereafter, the, apposite leave was

granted to the respondents concerned, to, make the order(s), of, apposite promotion, thereupon, the making of Annexure P-8, makes rife and open

conflicts with the verdict, made by a Coordinate Bench, of, this Court, on 10th July, 2020, thereupon, it is amenable for being quashed and set aside.

In view of the above, there is merit in the extant writ petition, and the same is accordingly allowed. The respondents concerned, are, directed to, in

accordance with the roster, prescribed for the relevant purpose, make fresh order(s), of, promotion, of, the writ petitioners. All pending applications

are disposed of.