( 2025:HHC:27199 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3686/2023 Decided on: 12.08.2025 Anita Thakur …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners: Mr. Rajesh Kumar and Mr. Vishal Verma, Advocates. For the respondents: Mr. Vishwadeep Sharma, Additional Advocate General. Jyotsna Rewal Dua, J Benefit of promotion given to the petitioner against the post of Headmistress was withdrawn by the respondents on account of her not joining the promotional post within the stipulated period. Petitioner feels aggrieved as according to her, she was prevented from joining the promotional post at the assigned station due to non-availability of vacancy; Despite her repeated representations, the respondents did not change the station assigned to her as Headmistress, hence this petition. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 ( 2025:HHC:27199 ) 2. The case: - 2(i) Promotion order dated 17.12.2020 & related facts: - 2(i)(a) On 17.12.2020, the respondents issued an order promoting Lecturers to the post of Headmasters/Headmistresses Class-II (Non-Gazetted) in the pay band of Rs.10300-34800+5400 Grade Pay. They were further posted against stations mentioned in the said order. Petitioner’s name figured at Serial No.66 of the order. Consequent upon her promotion as Headmistress, she was transferred from Government Senior Secondary School Rajwari, District Mandi to Palzara District Shimla. The promotion order contained stipulation that all promoted Headmasters/Headmistresses were to join their new place of posting on or before 31.12.2020, failing which their promotion orders would be deemed to have been withdrawn automatically for one year or till holding of next Departmental Promotion Committee (DPC) whichever was later. 2(i)(b) Petitioner represented on 29.12.2020 seeking extension of joining time on promotion as Headmistress, giving her reasons in support thereof. The same date, respondents’ accepted petitioner’s representation and extended the joining time by 31.01.2021. Petitioner again represented for extension in joining time on promotion as Headmistress through proper channel. Her such request was forwarded by the Director of Higher Education- 3 ( 2025:HHC:27199 ) respondent No.2 to the Secretary (Education)-respondent No.1 vide Annexure P-4. It appears that correspondence was exchanged between the parties on the subject. Finally on 28.06.2021, petitioner expressed her inability to join as Headmistress at Government High School Palzara, District Shimla citing her adverse family circumstances and her own illness. She also requested in her letter to the respondents to re-consider her case for promotion to the post of Headmistress in future. 2(i)(c) Respondents issued next promotion order of Lecturers on 03.12.2021 on the basis of recommendations of the DPC to the post of Headmasters/Headmistresses. Petitioner’s name was not considered by the DPC, therefore, not reflected in the said office order. 2(ii). Promotion order dated 12.09.2022 & related facts: - 2(ii)(a) On the recommendations of the DPC, the respondents issued an office order on 12.09.2022 (Annexure P-9) promoting Lecturers to the post of Headmasters/Headmistresses. Petitioner’s name figured at Serial No.3 of the order. She was transferred from Government Senior Secondary School Dhawal, District Mandi, where she was serving as Lecturer to Government High School Leda District Mandi as Headmistress. The promotion was subject to the stipulation that all promoted were to join new place of posting by 27.09.2022, failing which, their promotion orders was to be deemed to have been 4 ( 2025:HHC:27199 ) withdrawn automatically for one year or till the next DPC whichever was later. 2(ii)(b) On 26.09.2022 (Annexure P-10), petitioner preferred a representation to respondent No.2 that she had been promoted as Headmistress under office order dated 12.09.2022 and posted as such at Government High School Leda u/c Government Senior Secondary School Gurkotha, Ditrict Mandi but there was no vacancy at the transferred station, the available vacancy had been filled up on 03.09.2022. In view of this, petitioner expressed her inability to join at Government High School Leda on promotion within the stipulated time i.e. 27.09.2022. She requested respondent No.2 to assign her new station and consequently also to grant extension in the joining time. Petitioner’s aforesaid representation was accompanied with the vacancy certificate issued by the Principal Government Senior Secondary School Gurkotha, District Mandi certifying that one Sh. Ram Lal serving as Headmaster had joined his duty at Government High School Leda on 03.09.2022 pursuant to the order passed by respondent No.2 on 01.09.2022. Petitioner’s representation dated 26.09.2022 (Annexure P-10) was also forwarded by the Principal Government Senior Secondary School Dhawal, Tehsil Sunder Nagar, District Mandi to respondent No.3-Deputy Director of Higher Education, District Mandi along with certificate of joining of Sh. Ram Lal at Government High School Leda on 03.09.2022. 5 ( 2025:HHC:27199 ) 2(ii)(c) In view of above developments, respondent No.2 issued a fresh order on 14.10.2022 (Annexure P-11) now transferring the petitioner on promotion as Headmistress from Government High School Leda, District Mandi to Government High School Bahot Kasol District Bilaspur, statedly against vacancy. 2(ii)(c) On 21.10.2022 (Annexure P-12), petitioner through proper channel represented to respondent No.2 pointing out that vacancy does not exist even at Government High School Bahot Kasol, District Bilaspur. That one Sh. Anil Kumar promoted as Headmaster had been transferred at the said school on 14.10.2025 and he had joined at the station on 15.10.2022. In view of this, petitioner expressed her inability to join at Government High Schol Barot Kasol, District Bilaspur vacancy being not available. She requested a new place of posting as Headmistress. Her representation dated 21.10.2022 (Annexure P-12) was accompanied with the joining report of Sh. Anil Kumar as Headmaster at Government High School Bahot Kasol District Bilaspur. The Principal Government Senior Secondary School Dhawal Sunder Nagar, District Mandi also made a similar request to respondent No.3-Deputy Director of Higher Education, District Mandi on 21.10.2022 for extension of joining time in favour of the petitioner in view of the aforesaid facts. 6 ( 2025:HHC:27199 ) Acknowledging the above facts and receipt of petitioner’s representation dated 21.10.2022, respondent No.3- Deputy Director of Higher Education District Mandi, addressed an office letter dated 25.10.2022 (Annexure P-13) to respondent No.2 pointing out above developments to respondent No.2 more particularly the fact that the petitioner was not in a position to join as Headmistress at Government High School Bahol Kasol, District Bilaspur on account of joining of one Sh. Anil Kumar as Headmaster at the said station on 15.10.2022. 2(ii)(d) Respondent No.2 issued the impugned communication on 13.03.2023 (Annexure P-15) declining to grant extension in joining time in petitioner’s favour on the ground that her representation dated 21.10.2022 had not been received by the respondents; Petitioner representations dated 26.09.2022 and 21.02.2022, do not appear to be signed by the same person as signatures vary on these representations. It is in the aforesaid circumstances, the petitioner has preferred this petition seeking following substantive reliefs: - “(i) That the writ in the nature of certiorari may kindly be issued, quashing the impugned order dated 13.09.2021, Annexure P-6, being illegal and arbitrary and writ in the nature of mandamus may kindly be issued, directing the respondent authorities particularly the respondent No.1 & 2 to consider the petitioner for promotion in view of the order dated 17.12.2020, Annexure P-1, alongwith seniority and all consequential actual benefits. 7 ( 2025:HHC:27199 ) (ii) That writ in the nature of certiorari may kindly be issued declaring the action of the respondent authorities illegal for not considering the petitioner for promotion for about 2 years alongwith her juniors, which has been promoted vide Annexure P-8 and writ of mandamus may kindly be issued, commanding and directing the respondent No.2 to issue promotion order in favour of the petitioner from the date her juniors were promoted alongwith all consequential actual benefits. (iii) That the writ in the nature of certiorari may kindly be issued, quashing the impugned order dated 13.03.2023, Annexure P-15, being illegal, arbitrary and issued without application of mind and writ in the nature of mandamus may kindly be issued, directing the respondent authorities particularly the respondent No.1 & 2 to grant the station to the petitioner in view of the order dated 12.09.2022, Annexure P-9, in view of the peculiar facts and circumstances alongwith seniority and all consequential actual benefits.” 3. I have heard learned counsel for the parties and considered the case file. 4. Consideration 4(i) The first relief prayed for by the petitioner seeking promotion to the post of Headmistress in terms of order dated 17.12.2020 (Annexure P-1) cannot be granted. It is petitioner’s own pleaded case that she had foregone her promotion given to her under office order dated 17.12.2020 vide her letter dated 28.06.2021 (Annexure P-5). In fact, this aspect of the case was conceded by learned counsel for the petitioner during hearing of the case. 8 ( 2025:HHC:27199 ) 4(ii) I do find considerable force in petitioner’s case qua her promotion to the post of Headmistress under office order dated 12.09.2022 (Annexure P-9) and failure of the respondents to implement the same despite petitioner’s bringing the difficulties faced by her in joining as Headmistress on account of non-availability of vacancy at the transferred stations. The respondents have defended the impugned order dated 13.03.2023 (Annexure P-15) rejecting petitioner’s representation seeking change in the transferred station & consequent extension of joining time primarily on the ground that petitioner’s representation dated 21.10.2022 was never received by them. The portion relevant to this context from the impugned order dated 13.03.2023 (Annexure P-15) reads as under: - “In this context, it is intimated that above said representation has been examined and observed that Smt. Anita Thakur, Lect. Maths failed to intimate the Department with respect to allotment of station with in stipulated period consequently Department could not process her case for her adjustment/extension in joining time. It is also found that her representation dated 21/10/2022 has not been received in this office till date. It is pertinent to mention here that her representation dated 26/09/2022 & 21/10/2022 which is enclosed with the present representation seems not signed by the same person as there are different signatures on both the representations. Hence, in view of above, her representation has been considered & rejected on the ground that at this belated stage necessary extension in joining time after lapse of 5½ months can not be granted as same has been rejected by the Govt. vide letter No. EDN-C-B(6)1/2020-1 dated 26/12/2022.” 9 ( 2025:HHC:27199 ) The above is also the pleaded defence in the reply as under: - “17. That in reply to this para it is submitted that though the post of Headmaster in GHS Bahot Kasol was filled but the petitioner did not make any representation with respect to her adjustment due to non vacancy at this station.” The petitioner has demonstrated the falsity of factual assertions of the respondents of having not received her representation dated 21.10.2022 seeking change in place of posting. Her representation dated 21.10.2022 was not only sent to Director of Higher Education, H.P. through proper channel but with a copy endorsed to the Principal of Government Senior Secondary School Dhawal District Mandi, H.P. The concerned Principal had also brought these facts to the notice of respondent No.3 vide his letter dated 21.10.2022 (page No.85 of the paper book). Further receipt of petitioner’s representation dated 21.10.2022 has been acknowledged by respondent No.3-Deputy Director of Higher Education Mandi in his office communication dated 25.10.2022 (Annexure P-13) addressed to respondent No.2-Director Higher Education. Relevant portion whereof reads as under: - “To The Director of Higher Education Himachal Pradesh Shimla-1 10 ( 2025:HHC:27199 ) Subject: Request for extension in joining time as Headmistress in r/o Anita Thakur, Lect. Maths, GSSS Dhawal, Distt. Mandi (H.P.) R/Sir. On the subject the cited above, a representation regarding extension in joining time in r/o Smt. Anita Thakur, Lect. Maths posted at GSSS Dhawal has been received through the Principal, GSSS Dhawal. Distt. Mandi H.P. office letter No.EDN- Govt. Sr. Sec. School Dhawal (Misc) 2020-21-1839 dated 21 October, 2022 and received on 25-10-2022 in this office. It has been stated by the aforesaid incumbent that the Order has been modified the GHS Bahot Kasol, Distt. Bilaspur from GHS Leda u/c GSSS Gurkotha, Distt. Mandi in promotion to the post of Headmaster/Headmistress as there was no vacancy in the aforesaid school. It is further stated by the above said Lecturer that the partial modification was made to GHS Bahot Kasol (Bilaspur), but Sh. Anil Kumar promoted as Headmaster has joined in the aforesaid station on 15-10-2022 and Smt. Anita Thakur promoted as Headmistress has not joined on promotion yet. Hence, the above said matter (in original) is being sent your office for further favourable consideration please. In spite of existence of aforesaid communications which speak for themselves that petitioner had been representing to the respondents about vacancy being not available for her joining as Headmistress at Government High School Bahot Kasol, District Bilaspur, the defence taken by respondent No.2 firstly for rejecting petitioner’s representation vide impugned decision dated 13.03.2023 (Annexure P-15) and then to oppose this writ petition on same facts in the reply does not behove for the high ranking officials of the State Education Department. The specific pleadings to this effect in the writ 11 ( 2025:HHC:27199 ) petition more particularly paras-15 to 20 have not been refuted by the respondents in their reply. Further it has also not been disputed that post of Headmaster at Government High School Bahot Kasol, District Bilaspur, where petitioner was transferred on promotion on 14.10.2022, was not lying vacant at the relevant time. It had been filled up by one Sh. Anil Kumar on 15.10.2022. It was the respondents who had assigned same place of posting to two Headmasters. That being the undisputed position, the least expected from the welfare employer was to assign a new place of posting to the petitioner. This course was not adopted. It is, thus, writ large that not only petitioner’s representation but this writ petition is also being opposed on wrong & incorrect facts. It is quite evident that the petitioner could not join at the assigned station, consequent upon her promotion as Headmistress on account of non-availability of vacancy at the assigned station. 5. In view of above discussion, the writ petition is allowed. Impugned decision of the respondents contained in office letter dated 13.03.2025 (Annexure P-15) is quashed and set aside. The petitioner shall be deemed to be promoted as Headmistress in terms of office order dated 12.09.2022 (Annexure P-9). She shall be entitled to all notional benefits consequent upon this promotion. Actual benefits shall be admissible to her with effect from the date of joining the promotional post. Respondents are directed to assign fresh station to 12 ( 2025:HHC:27199 ) the petitioner consequent upon her promotion as Headmistress within two weeks i.e. by 28.08.2025. The present petition is disposed of in above terms. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 12th August, 2025(rohit)