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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.18819 of 2025 Date of Decision: 02.12.2025 _______________________________________________________ Subhadra Devi …….Petitioner Versus State of H.P. and Others
….Respondents _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Jagat Pal, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. ____________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who vide order dated 14.10.2025 (Annexure P-2) came to be promoted from the post of Peon to Laboratory Attendant, approached this Court in the instant proceedings, seeking therein direction to respondents to relieve her.
2. Having regard to the nature of dispute, this Court vide
order dated 01.12.2025 called upon learned Additional Advocate General to have instructions. Pursuant to afore order, Mr. Ravi Chauhan, learned Deputy Advocate General, has made available communication dated 01.12.2025, issued under the signatures of Deputy Director of School Education (Sec.), Kangra at Dharamshala, 1Whether the reporters of the local papers may be allowed to see the judgment?
2 which is taken on record. Careful perusal of aforesaid communication though suggests that petitioner has been promoted from the post of Peon to Laboratory Attendant, but since factum with regard to her enhancement of qualification from 8th to 10th never came to be recorded in the service record, she was not relieved in terms of order dated 14.10.2025, wherein under terms & conditions, it has been categorically observed that if any promotee has passed his/her matriculation examination during his/her service period, in such case it may be ensured that whether the concerned has obtained necessary permission/NOC from the respective DDO to do so and thereafter promotee may be relieved to join the other station. Since in the case at hand, petitioner never obtained NOC from the respective DDO, she has not been relieved.
3. In view of aforesaid, this Court does not see any reason to issue directions, as has been prayed for in the instant petition, however, having taken note of Clause 7 of the terms & conditions contained in the order dated 14.10.2025, petitioner may approach competent authority for clarification.
4. Consequently, in view of the above, present petition is
disposed of, reserving liberty to the petitioner to approach Deputy Director of School Education (Sec.), Kangra at Dharamshala, for necessary clarification as well as for entry with regard to
3 enhancement of qualification in the service record. Needless to say, once entry is made in the service record with regard to enhancement of the qualification, as detailed hereinabove, petitioner herein shall be relieved in terms of order dated 14.10.2025, enabling her to join the other station. The present petition is disposed of in the above terms, so also the pending miscellaneous application(s), if any. (Sandeep Sharma), Judge December 02, 2025 (Rajeev Raturi)