1 2025:HHC:34441 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA LPA No. 278 of 2025 Date of decision: 06.10.2025 ________________________________________________________ Dr. Girish Kumar …..Appellant Versus State of Himachal Pradesh & others …Respondents ________________________________________________________ Coram: The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?1 ________________________________________________________ For the Petitioner: Mr. Vishwa Bhushan, Advocate. For the Respondents: Mr. Arsh Rattan, Deputy Advocate General, for respondents No. 1 to 3. Mr. K.B. Khajuria, Advocate, for respondent No. 4. G.S. Sandhawalia , Chief Justice (Oral) Consideration in the present appeal filed by the unsuccessful writ petitioner is to the order dated 13.05.2025, passed by the learned Single Judge in CWP No. 7967 of 2024, titled Dr. Girish Kumar Vs. State 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 of Himachal Pradesh & others, whereby the writ petition was dismissed. 2. The prayers made in the writ petition as such were to quash the Notification dated 19.07.2024 (Annexure P-9), vide which private respondent No. 4, a faculty member of the cadre of IGMC Shimla, was absorbed in the cadre of Dr. RKGMC, Hamirpur against the post of Associate Professor in the Department of paediatrics; to repatriate the said respondent to his original post of Associate Professor in the Department of paediatrics in the IGMC, Shimla; not to consider the representation of the said respondent for further promotion to the post of Professor, Department of paediatrics in Dr. RKGMC, Hamirpur, in any manner; and to promote the writ petitioner to the post of Associate Professor, Department of paediatrics in Dr. RKGMC Hamirpur, in accordance with the provisions of the Recruitment and Promotion Rules. 3. The learned Single Judge dismissed the writ petition primarily on the ground that when the case of 3 the private respondent had been considered and approved on 01.03.2024 (Annexure R-III), the petitioner was not eligible for being promoted to the post of the Associate Professor, as apparently he was appointed as Assistant Professor only on 08.04.2019 (Annexure P-5). The requisite period of five years to be considered for the post of Associate Professor would have only come up on 08.04.2024 and by that time, the private respondent having applied on 16.02.2024, the necessary permission had been granted on 01.03.2024 (Annexure R-III) 4. The argument as such raised by learned Counsel for the appellant is that as per the Himachal Pradesh Medical Education Rules, 1999 (Annexure P-4), the character of post as per Rule 3 is defined in Annexure P-1, which further provides that the post of Associate Professor was to be filled up 100% by way of promotion amongst the Assistant Professors having five years regular service, failing which by direct recruitment. 4 5. Reliance is also placed upon the Notification dated 17.11.2018 (Annexure P-14) to point out that the policy for cadre building in the newly opened medical colleges as such at Nahan, Chamba, Ner-Chowk and Hamirpur provided that option would be taken from teaching faculties of IGMC, Shimla and Dr. RPGMC Kangra at Tanda by the Director of Medical Education through Principals as per vacancies as per Clause 4. 6. Thus, the case as such put forth by the learned Counsel for the appellant is that the options having not been taken from other candidates as per the admitted position in the supplementary affidavit filed by the State, the procedure which has been followed in bringing the private respondent from IGMC to Hamirpur, was incorrect and at his cost. His case for promotion was being considered and the bringing as such of the private respondent to Hamirpur has affected him adversely. It is accordingly submitted that as per rules the first preference by way of promotion and then fall back on the direct recruitment had to be made. 5 7. Learned Counsel for the State, on the other hand, has submitted that encadrement has been done as per the policy dated 17.11.2018 (Annexue P-14) in order to strengthen and enhance the faculty at Hamirpur. It is accordingly submitted that while considering the application of the private respondent, the competent Authority, namely, the Director, Medical Education & Research on 01.03.2024 (Annexure R-III) did notice the fact that the application of the private respondent had been forwarded on 27.02.2024 by noticing the fact that the private respondent had joined the Government service in Health & Family Welfare Department as Medical Officer on 22.07.1996 on ad hoc basis and on 22.06.1999 on regular basis and thereafter joined as Assistant Professor (paediatrics) at IGMC Shimla on 14.12.2015 and is working as Associate Professor (paediatrics) w.e.f 24.02.2021. 8. In contrast, the appellant was admittedly appointed as Medical Officer on 21.07.1997 and it is not disputed that he was appointed as Assistant Professor 6 on 08.04.2019, which is almost three and half years later. 9. It is now to be noticed that in pursuance to the directions of the learned Single Judge, the appellant was also considered for promotion and duly promoted as an Associate Professor on 05.07.2025. The private respondent was also beneficiary as such of another promotion as Professor by the same order. 10. It is though argued by the learned Counsel for the appellant that the application as such given by the private respondent was for the post of Professor but he was only brought as Associate Professor, while referring to option dated 16.02.2024 (Annexure R-4/B). It is not disputed that there was deficiency of Professor and Head (paediatrics) at Hamirpur and the private respondent was promoted as Professor at Hamirpur. This would be clear from the representation of the private respondent No. 4, dated 16.02.2024, which reads as under:- 7 “Subject: Regarding promotion to the post of regular Professor against the vacancy at Dr RKGMC Hamirpur. Respected madam With due regards it is submitted that I joined as regular Assistant Professor in Department of Pediatrics at IGMC Shimla H.P. on 14/12/2015 and promoted to regular Associate Professor on 24/02/2021. I will be completing three years as regular Associate Professor on 23/02/2024. It is humbly requested that I am willing to opt for my promotion as Professor in Pediatrics at Dr RKGMC Hamirpur Department of Pediatrics at DR RKGMC Hamirpur against vacancy. It is further submitted that there is also availability of vacant post of Professor in Professor in Department of Pediatrics at DR RKGMC Hamirpur. More so there is not a single regular Associate Professor or regular Professor in the Department of Pediatrics at DRRGMC Hamirpur and I have been deputed to DR RKGMC Hamirpur for five times either for NMC inspection or MBBS examinations. Therefore you are kindly requested to consider my case sympathetically and oblige.” 11. It is thus apparent that for the purpose of seniority, the private respondent has also always been 8 ahead of the petitioner from the date of initial appointment, if taken into consideration while getting the promotion as Assistant Professor. The argument as such now raised that the option should have been called for from one and all in view of the cadrement enhancing policy and therefore, only on account of an application having been received from the private respondent, he has been benefitted. 12. We have also gone through Teaching Experience Certificate (Ext. R-4/A) of the private respondent. From the perusal of the same, it transpires that on several occasions, the private respondent was also posted for short periods at Hamirpur in May 2021, November, 2021, March, 2023 and June 2023. He had been appointed as regular Assistant Professor on 14.12.2015 and thereafter was posted as Associate Professor on regular basis on 24.02.2021. 13. In such circumstances, we are of the considered view that the purpose of cadre building at Hamirpur having been kept in mind as such and the 9 appellant as such cannot have any grouse on the fact that the option was not called for on State-wise basis as he was never as such an aspiring candidate, on the basis of which he would be aggrieved by procedure as provided in the Notification dated 17.11.2018 which was not strictly adhered to by the State by calling an application from one and all. 14. 14. Therefore, for the additional reason as such, we also uphold the view of the learned Single Judge regarding the locus-standi and lack of cause of action as such on the part of the appellant and do not find any fault as such in the procedure which has been followed by the State keeping in view the peculiar facts and circumstances that the Policy dated 17.11.2018 was only brought to ensure that the Institute at nascent stage is filled up by people having gained sufficient experience from other reputed institutes at Shimla and Tanda and in order to facilitate and strengthen the infrastructure at Hamirpur. The same was then done in public interest which would be clear from the impugned 10 order dated 19.07.2024 (Annexure P-9), which reads as under:- “In pursuance to this department Notification No. HFW-B(B)9-4/2015-II dated 17-11-2018 vide which cadre building policy for the newly opened Medical Colleges has been notified, the Governor, Himachal Pradesh in terms of option exercised by Dr. Pancham Kumar, Associate Professor, Department of Pediatrics, IGMC, Shimla with the prior approval of the competent authority is pleased to order the encadrement & absorption of the concerned faculty member of IGMC, Shimla against the vacant post of Associate Professor (Paediatrics) at Dr. Radhakrishnan Government Medical College, Hamirpur, in the public interest, subject to condition that now his permanent cadre shall be faculty cadre of Dr. Radhakrishnan Government Medical College, Hamirpur and he will have no right of repatriation to the faculty cadre of IGMC, Shimla or any other Medical College. The above doctor shall join his duties in the cadre of Dr. Radhakrishnan Government Medical College, Hamirpur immediately. In case, the above officer fails to join his duties on encadrement immediately, it shall be presumed that the above doctor has forgone his appointment on encadrement at Dr. Radhakrishnan Government Medical College, 11 Hamirpur and encadrement orders shall stand cancelled. By Order Secretary (Health) to the Government of Himachal Pradesh” 15. Keeping in view the over all basic purpose behind the policy, we do not find any fault as such or the reason to interfere with the order of the learned Single Judge who has come to the conclusion that the case of the private respondent had already been ripened and fructified on 01.03.2024 when the present appellant had not completed five years requisite service as an Assistant Professor to be considered for promotion to the post of Associate Professor and thus had no locus standi to question the appointment made otherwise then by way of promotion. 16. It is also settled position that holding of the Departmental Promotion Committee file is only a right of consideration and apparently the pending litigation as such, and an interim order having been passed by 12 the learned Single Judge, led to delay in promotion of the appellant herein and also of the private respondent. Therefore, the private respondent was not promoted on account of the pending litigation and he has eventually now been promoted to the post of Professor, for which he had already applied and at that point of time, but was only brought in as Associate Professor. 17. Therefore, in view that he was head and shoulders above in seniority from the date of initial entry in service, we do not find that the appellant can have any serious grouse against the procedure which has been followed. Resultantly, we do not wish to interfere with the order of the learned Single Judge in the peculiar facts and circumstances of the case. Accordingly, the appeal is dismissed and the order of the learned Single Judge is upheld. 13 18. Pending application(s), if any, also stands disposed of. (G.S. Sandhawalia) Chief Justice. October 06, 2025 (Jiya Lal Bhardwaj) (hemlata) Judge.