1 Neutral Citation No. ( 2025:HHC:24727 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 45 of 2023 Decided on: 28.07.2025 _____________________________________________________ Jitender Kumar ....Appellant Versus Himachal Pradesh Tourisim Development Corporation Limited and others. .…Respondents Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge Hon’ble Mr. Justice Sushil Kukreja, Judge Whether approved for reporting?1 ____________________________________________________ For the appellant : Mr. Dinesh Thakur, Advocate. For the respondents : Mr. Naresh Kaul, Advocate, for respondents No.1 & 2. Mr. Surender Sharma, Advocate, for respondents No.3 & 4. Respondents No.5 & 6 ex-parte. Vivek Singh Thakur , Judge (oral) Aggrieved by judgment dated 13.01.2023, passed by learned Single Judge in CWPOA No.7315 of 2020, titled Preeti Sharma & another Vs. Himachal Pradesh Tourism Development Corporation Limited and others. 2. CWPOA was preferred by Preeti Sharma and Devki Nandan Chauhan, who are respondents No.3 and 4 in present appeal and they are duly represented by the counsel, whereas respondents No.5 and 6 herein were respondents No.3 and 4 in 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 Neutral Citation No. ( 2025:HHC:24727 ) CWPOA, they have not chosen to contest the appeal and, hence, have been proceeded ex-parte. Appellant herein was respondent No.5 in the CWPOA. Impugned judgment was passed in the petition (CWPOA) preferred by respondents No.3 and 4. 3. Prayer in CWPOA was as under:- “(i) That the impugned Annexures A-6 and A7, circular dated 20th February, 2019 and office order dated 9th July, 2019, respectively, issued by respondent No.1, may kindly be quashed and set aside; (ii) That respondent No.1-Corporation may kindly be directed to consider the candidature of applicant No.1 for promotion to the post of Manager (Home Keeping) against the promotional quota meant for the category of House Keeping and the candidature of applicant No.2 may kindly be ordered to be considered for promotion to the post of Assistant Manager (House Keeping).” 4. Operative part of impugned judgment is as under:- “14. This Court is of the considered view that to do substantive justice to the parties, i.e. to the petitioners as well as the private respondents, it would be in the interest of justice, in case, the appointment of the respondents in terms of Annexure A-7 is protected as a measure personal to them, with further observation that they shall superannuate from this post only and also with the direction to the respondent-Corporation that as on the date when the private respondents were appointed against the post of Managers. Let a Departmental Promotion Committee be held for effecting promotions against the post of Manager (House Keeping) and Manager (Front Office) and all eligible incumbents, in terms of the R&P Rules, including the petitioners be considered for said promotion and those who are found eligible be conferred promotion against the post of Manager (House Keeping) and Manager (Front Office) w.e.f. 9th July, 2019, by conferring them seniority over and above the private respondents in the respective cadres, with all consequences to ensue. Ordered accordingly.” 3 Neutral Citation No. ( 2025:HHC:24727 ) 5. Learned counsel for the appellant submits that appellant and respondents No.3 and 4 belong to different streams and there is no clash of interest between appellant and respondents No.3 and 4 and, therefore, appellant is not aggrieved by any direction passed by the learned Single Judge in favour of contesting respondents No.3 and 4, who were petitioners in CWPOA No.7315 of 2020, but he is aggrieved to the extent where direction has been passed by the learned Single Judge to superannuate the appellant from the post, on which he has been promoted before filing of CWPOA, in terms of Annexure A-7 to the CWPOA. 6. It has been further submitted that appellant shall be satisfied in case the observation, directing the Corporation to superannuate the appellant from the present post, is removed and respondent-Corporation is permitted to consider the case of appellant for promotion to the next post, subject to entitlement, eligibility and all other relevant considerations as well as following the direction of learned Single Judge to convene DPC and to promote eligible person(s) to the post(s) of Manager (House Keeping) and Manager (Front Office) in accordance with Rule applicable and in consonance with direction passed by the learned Single Judge. 4 Neutral Citation No. ( 2025:HHC:24727 ) 7. Learned counsel for contesting respondents No.3 and 4 (petitioners in the CWPOA) has submitted that stream of the appellant and respondents No.3 and 4 is entirely different as the appellant belongs to stream of front office, whereas respondents No.3 and 4 belong to stream of House Keeping and there is no clash between the interests of appellant and respondents No.3 and 4 with respect to promotion in their respective category/stream and, therefore, respondents No.3 and 4 are not averse for consideration of the appellant for promotion, as available to him, in accordance with R& P Rules in his own stream, but without affecting interests of respondents No.3 and 4. 8. In view of above, upholding the impugned judgment, except the observation made that appellant shall be superannuated from the post against which he has been serving and accordingly, impugned judgment is modified by removing the bar on promotion of appellant that appellant shall also be entitled for consideration for further promotion, if he is eligible and entitled for the same in terms of relevant Rules/norms, but subject to fulfilling eligibility and other criteria, if any, prescribed for such promotion, but without having any impact on the interests of respondents No.3 and 4 (petitioners in CWPOA) and the 5 Neutral Citation No. ( 2025:HHC:24727 ) impugned judgment shall not come in his way for further promotion, if any due. . 9. Appeal is disposed of in aforesaid terms. 10. Needless to say that respondent-Corporation shall consider the claim of appellant in accordance with law from due date. Pending application(s), if any, shall also stand disposed of. ( Vivek Singh Thakur ) Judge ( Sushil Kukreja ) July 28, 2025 Judge (V.Himalvi)