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2025 DAILYLAW 29944 (HP)

ARUN KUMAR v. THE STATE OF HP AND OTHERS

CWP/15576/2024 · 2025-11-20

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.15576 of 2024 Decided on: 20.11. 2025 _________________________________________________________________ Arun Kumar ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Prem P.Chauhan, Ms. Shikha Rajta and Ms. Urvashi Rajta, Advocates. For the respondents: Mr. Rajat Chaudhary, Assistant Advocate General, for respondents No.1 and 2. Mr. K.D.Shreedhar, Sr. Advocate with Ms. Sneh Bhimta, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge This writ petition has been filed for grant of following substantive prayers:- “a). issue a Writ of Mandamus directing the respondents to consider and promote the petitioner to the post of Junior Computer Programmer (Grade-III) from the date other incumbents were promoted, with all consequential benefits, Including arrears of salary and seniority. 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - b) issue a Writ of Certiorari quashing any adverse decision of the respondents denying the petitioner's promotion, being illegal and violative of the Government Notification dated 06.07.2022. c) direct the respondents to implement the relaxation provisions for Benchmark Disabled candidates as per the Board of Directors' decision dated 04.09.2024. d) 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.” 2. Pursuant to several orders passed in this writ petition from time to time, learned Assistant Advocate General, during hearing of the case on 19.11.2025, placed on record office instructions dated 01.11.2025 from the Registrar Co-operative Societies, Himachal Pradesh. Alongwith these office instructions, a copy of decision taken by the Registrar Co-operative Societies, Himachal Pradesh as conveyed in office communication dated 04.10.2025, addressed to the Managing Director of Kangra Central Co- operative Bank has also been appended. In terms of the said office communication, the Registrar Co-operative Societies, Himachal Pradesh has declined to accept the proposal of the Board of Directors of the respondent-Bank to relax the - 3 - condition of minimum qualifying marks of 40% for promotion from Grade-IV to Grade-III by reducing it to 20% for persons with benchmark disability. Operative portion conveying the said decision taken by the Registrar Co- operative Societies, Himachal Pradesh reads as under:- "Based on the above clarification, relaxation in standards of selection/suitability for PwBD candidates in departmental or promotional examinations is permissible only to the extent provided for SC/ST candidates. In the present case, since the existing Service Rules of the Bank do not provide any relaxation of the minimum qualifying marks of 40% for SC/ST candidates in the promotion from Grade-IV to Grade-III, the relaxation proposed by the Bank to reduce the qualifying marks to 20% for PwD candidates cannot be considered permissible in view of the DoPT clarification. Accordingly, the proposal submitted by the Bank for amendment in the Service Rules to this effect cannot be acceded to at this stage." 3. In view of decision now taken by the Registrar Co- operative Societies, Himachal Pradesh, relief as claimed in the present writ petition, in its present form cannot be granted to the petitioner. 4. Hence, the writ petition is disposed of with liberty to the petitioner to seek appropriate remedy for the redressal of his grievances, including against the decision taken by - 4 - the Registrar Co-operative Societies, Himachal Pradesh, in accordance with law. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge November 20, 2025 R.Atal