Suman Kumar Shukla vs State Of Himachal Pradesh & Another

Ajay Mohan Goel, J

By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:­

“i) That as writ in the nature of Certiorari or any other appropriate writ, order of directions may kindly be issued for quashing the action of the respondents in ignoring the case of the Petitiioner for promotion to the post of Controller (F&A)

ii) That a writ in the nature of Mandamus or any other appropriate writ, order or direction may kindly be issued directing the Respondents to promote the Petitioner as Controller (F&A) from the due date i.e. from the day he has become eligible as per the Recruitment and Promotion Rules.”

Having heard learned counsel for the petitioner as also learned Additional Advocate General, the Court is of the considered view that the reliefs, as prayed for, cannot be granted to the petitioner.

The prayer of the petitioner is for issuance of a direction to the respondents to promote him to the post of Controller (F&A). Record demonstrates that the post of Controller (F&A) is a Class­I (Gazetted) post, which in terms of Notification dated 13.07.2007 (Annexure P­2) is to be filed in 100% by way of promotion from amongst Joint Controllers (Finance & Accounts), having three years regular service or regular combined with continuous ad hoc service rendered, if any, in Grade. The cadre strength of the said post is two. The petitioner as per the averments made in the petition was promoted against the post of Joint Controller (F&A) on 13.07.2009, meaning thereby that he was to become eligible for promotion against the post of Controller (F&A) after completion of three years of service as such.

Admittedly, the petitioner superannuated from the post of Joint Controller and as on the date when he superannuated as such, he had not put in three years of requisite service as Joint Controller (F&A) so as to render him eligible for being considered for promotion against the post of Controller (F&A).

Herein, the petitioner has not been able to demonstrate that any legal right of his has been infringed by the respondents. In fact his contention is that as earlier, the Department has made promotions to the post of Controller (F&A) on ad hoc basis or regular basis in excess of the cadre strength, therefore, he should also have been promoted either on ad hoc basis or on regular basis dehors the fact as to whether it amounted to promotion in excess of cadre strength.

Admittedly, the petitioner superannuated from the post of Joint Controller (F&A) without having been gained eligibility to be considered for promotion against the post of Controller (F&A).

This Court cannot issue any mandamus, directing the Department to make promotions in violation of the Recruitment & Promotion Rules.

Therefore, as the Court does not finds any merit in the present petition, same is dismissed. Pending miscellaneous applications, if any, stand disposed of.