1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9378 of 2023 Date of decision: 25.06.2025 Pawan Chandel. ...Petitioner. Versus State of H.P. & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Prem P. Chauhan, Advocate. For the respondents : Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, Judge Petitioner feels aggrieved by the notification dated 17.04.2023 to the extent it grants him notional promotion from 18.02.2021 and not from 14.08.2019 as Head of Department (Instrumentation Engineering). 2. The case set-up by the petitioner:- 2(i). Petitioner was appointed as Lecturer (Instrumentation Engineering) by the respondent- Department of Technical Education, Vocational and Industrial Training on 29.12.2009. -2- 2(ii). Respondent-Principal, Government Polytechnic College, Kangra issued an office order dated 14.08.2019 (Annexure P-1) directing the petitioner to act as in-charge of Instrumentation Engineering Department till further order. Petitioner accordingly started discharging duties as in-charge of Instrumentation Engineering Department. 2(iii). Respondents convened a meeting of Departmental Promotion Committee (‘DPC’) on 16.02.2021 for promotion to the post Head of Department (Instrumentation Engineering). Case of petitioner was also considered. In view of Annual Performance Appraisal Reports of the petitioner, he was not recommended for promotion. Feeling aggrieved, petitioner instituted CWP No.2081 of 2021 (Pawan Chandel vs. State of H.P. & Ors.) seeking following substantive reliefs:- “(I). That appropriate writ order or direction may very kindly be issued directing the respondents to promote the petitioner initially as Senior Lecturer on and with effect from 01.01.2015 by granting him all consequential benefits of pay, arrears seniority etc., alongwith arrears with interest @ 9% per annum, in the interest of law and justice. (II). That appropriate writ order or direction may very kindly be issued and the proceedings of Departmental Promotion Committee qua the petitioner vide Annexure P-10 may very kindly be quashed and set aside, by further directing the respondents to promote the petitioner to the post of Head of the Department (Instrumentation Engineering) with effect from August, 2019 with all consequential benefits of pay, arrears, seniority etc., alongwith arrears with -3- interest @9% per annum, in the interest of law and justice.” The said writ petition was disposed of on 02.12.2022 as under:- “It has been submitted by learned Senior Counsel for the petitioner that the aforesaid judgment, allowing the writ petition and directing the respondents to convene review DPC for considering case of petitioner (therein) for promotion without considering uncommunicated ACRs, stands implemented by the respondents. This fact has not been disputed by the respondents. Learned Senior Counsel further submitted that the petitioner would be content, in case respondent No.1 is directed to consider the case of the petitioner for promotion to the post of Head of Department (Instrumentation Engineering) (relief clause No.II) in light of the aforesaid judgment. Learned Deputy Advocate General has no objection to this proposal. Accordingly, in light of above submissions, the present petition is disposed of with a direction to respondent No.1 to consider and decide the case of the petitioner vis-a-vis prayer Clause No.(II) of the petition (extracted above) in accordance with law and in light of the decision rendered on 22.06.2022 in CWP No.4945 of 2021 (Karam Singh Kaundal Vs. State of H.P.) within a period of six weeks from today. The decision so arrived shall be communicated to the petitioner. Pending miscellaneous application, if any, shall also stand disposed of.” Pursuant to the above directions, the respondents convened a review meeting of DPC on 24.03.2023. The DPC recommended the petitioner for promotion to the post of Head of Department (Instrumentation Engineering) w.e.f. 18.02.2021, i.e. the date from which other incumbents, who -4- were considered and recommended in the original DPC meeting dated 16.02.2021, were promoted. 2(iv). In the above background, petitioner has instituted this writ petition seeking following substantive reliefs:- “a) to issue a writ of certiorari or direction in nature thereof, quashing the impugned order dated 17.04.2023 being Annexure P-3 of the writ petition to the extent it gives notional promotion to the petitioner wef 18.02.2021, as unconstitutional and illegal and contrary to the law; (b) to issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondent department to promote the petitioner as HOD (Instrumentation) wef 14.08.2019 on actual basis with all consequential benefits for all purposes and intents and pay arrears of pay and allowances of the post of HOD (Instrumentation) from the same date alongwith interest thereon @ 18% pa; (c) to issue an appropriate writ, order or direction in nature thereof to give full justice to the petitioners in the circumstances of the case and may pass such further writ, order or orders as this Hon'ble Court may deem fit, proper, just and expedient in the circumstances of the case;” 3. Learned counsel for the petitioner submitted that petitioner had been acting as in-charge of Instrumentation Engineering Department ever since 14.08.2019, therefore, he was required to be promoted on notional basis from this date, as post of in-charge [Head of Department (Instrumentation Engineering)] was available on 14.08.2019. The review DPC has though granted notional -5- promotion to the petitioner retrospectively w.e.f. 18.02.2021 but the date is required to be modified to 14.08.2019. Learned Deputy Advocate General opposed the plea by highlighting the pleaded defense that the post of Head of Department (Instrumentation Engineering) became available only on 19.11.2020, when Sh. Ashok Pathak, who was holding the said post was promoted to the post of Principal (Polytechnic), whereafter, the codal formalities were completed and the DPC meeting was convened on 16.02.2021. Based upon the recommendations of the DPC, promotions were given to all other incumbents w.e.f. 18.02.2021, who were considered and recommended by the DPC in the said meeting convened on 16.02.2021. Petitioner cannot be granted notional promotion from 14.08.2019. 4. Heard learned counsel for the parties and considered the case file. 4(i). Petitioner’s claim for notional promotion w.e.f. 14.08.2019 is based solely upon office order dated 14.08.2019 (Annexure P-1). In terms of said order, petitioner was directed to act as in-charge of Instrumentation -6- Engineering Department till further order. Being relevant, the said order is extracted hereinafter:- “OFFICE ORDER Consequent upon the posting of Sh. Ashok Pathak, HOD Instrumentation Engg. as officiating Principal Govt. Polytechnic Kinnaur camp at Rohru, vide Notification No. EDN(TE)B(2)18/2016 dated 06- 08-2019, Sh. Pawan Chandel, Lecturer Instrumentation Engg. is hereby directed to act as in- charge of Instrumentation Engg. department till further order. He is further directed to rationalize the teaching load of Sh. Ashok Pathak with in instrumentation Engg. faculty with intimation to the undersigned by doing the necessary adjustment in time table immediately. Principal Govt. Polytechnic-Kangra Distt. Kangra” The above order makes it evident that post of Head of Department (Instrumentation Engineering) was not lying vacant on 14.08.2019. The post was filled up by Sh. Ashok Pathak, who was serving as regular Head of Department (Instrumentation Engineering). A situation arose in the Instrumentation Engineering Department where the post of Principal, Govt. Polytechnic Kannaur, camp at Rohru, District Shimla, became vacant. In such circumstances, Sh. Ashok Pathak was directed to discharge duties as officiating Principal, Govt. Polytechnic Kannaur. Consequently, the charge of Head of Department (Instrumentation Engineering) was given to the petitioner. Notification dated 06.08.2019, -7- whereby Sh. Ashok Pathak, Head of Department was directed to function as Principal (Polytechnic) on officiating basis at Govt. Polytechnic, Kinnaur, camp at Rohru, has also been placed on record as Annexure R-5, which reads as under:- “The Governor, Himachal Pradesh is pleased to order that Shri Ashok Pathak, HOD (Instrumentation Engg.), Government Polytechnic Kangra, Distt. Kangra shall function as Principal (Polytechnic) Class-I (Gazetted) on officiating basis at Government Polytechnic Kinnaur camp at Rohru, District Shimla, with immediate effect, in the public interest. He is directed to report for duty at his new place of posting immediately and submit joining report to this Department as well as Director, Technical Education.” 4(ii). It was on 19.11.2020 (Annexure R-6) that Sh. Ashok Pathak was promoted as Principal (Polytechnic). The post of Head of Department (Instrumentation Engineering) became available only on 19.11.2020. On completion of codal formalities, the DPC was convened on 16.02.2021 for considering the case of the petitioner along with others for promotion to the post of Head of different Departments, including Instrumentation Engineering. Others were promoted but the petitioner’s case was rejected in view of his ACRs. Pursuant to the directions issued in CWP No.2081 of 2021, the respondents considered the case of the -8- petitioner for promotion to the post of Head of Department (Instrumentation Engineering) afresh and he was promoted w.e.f. 18.02.2021, i.e. the date when all others, who were considered in the DPC meeting convened on 16.02.2021, were promoted. In view of above, I do not find any error in the notification issued by the respondents on 17.04.2023 promoting the petitioner as Head of Department (Instrumentation Engineering) on notional basis w.e.f. 18.02.2021. Petitioner’s claim of notional promotion w.e.f. 14.08.2019 has no legal foundation. Simply because petitioner was directed to act as in- charge of Instrumentation Engineering Department on 14.08.2019 on account of an exigency, would not mean that petitioner was required to be regularly promoted on the said post from that date. As observed earlier, the post of Head of Department (Instrumentation Engineering) was not vacant on 14.08.2019. It became available on 19.11.2020. There is no merit in petitioner’s claim. The petition is accordingly dismissed. All pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua 25th June, 2025 Judge (Pardeep)