2025:HHC:27110 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3647 of 2024 Date of Decision: 12.8.2025 _____________________________________________________________________ Asha Rani ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Vinay Mehta, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General, for the State. Mr. Rajesh Parkash, Advocate, for respondent No.3. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vinay Mehta, learned counsel for the petitioner is that though petitioner herein, who had been working as Tailor Teacher in Gram Panchayat Lohna, ought to have been promoted to the post of Panchayat Secretary prior to merger of afore Panchayat into Municipal Council Palampur, but respondents ignoring the fact that notification with regard to merger of afore Panchayat to Municipal Council Palampur was issued on 28.11.2022, coupled with the fact that petitioner had become eligible 2025:HHC:27110 - 2 - for promotion to the post of Panchayat Secretary from 19.8.2019, denied such benefit to her. Petitioner herein has been working on the post of Sewing Teacher under Development Block Panchrukhi, District Kangra in Gram Panchayat Lohna under Development Block Bhawarna. 2. As per communication dated 24.9.2022 (Annexure P-1), a person working against the post of Sewing Teacher for more than 10 years shall be eligible for promotion to the post of Panchayat Secretary under Zila Parishad Cadre, however, before petitioner herein could be promoted to the post of Panchayat Secretary in terms of aforesaid communication, office of Zila Parishad issued letter with regard to providing appointment to the post of Panchayat Secretary on contract basis amongst other Sewing Teachers. Vide office order dated 10.2.2023, office of Zila Parishad Kangra at Dharamshala, gave appointment to some other persons on contract basis on the post of Panchayat Secretary by direct recruitment (Annexure P-3). Though vide memorandum dated 10.2.2023, 14 candidates, who were working on contract against the post of Tailoring Teacher in various Gram Panchayats in District Kangra, were appointed as Panchayat Secretary on contract basis, but name of the petitioner was not reflected despite her being senior to other persons. 3. On 23.2.2023, petitioner made a representation requesting the Hon’ble Chief Minister to include her name in the 2025:HHC:27110 - 3 - memorandum dated 10.2.2023, but since nothing favourable was heard, petitioner made representation dated 20.6.2023, to the department. Vide order dated 24.7.2023, respondents rejected the case of the petitioner on the ground that Gram Panchayat of the petitioner has been merged in Municipal Council Palampur. 4. Reply filed by respondents No.1 to 3, if read in conjunction, nowhere disputes facts of the case as have been noticed herein above, rather an attempt has been made by the respondents to refute the claim of the petitioner on the ground that she is no more employee of Gram Panchayat Bhawarna and her services stand merged with Municipal Council Palampur, she is estopped from claiming promotion to the post of Panchayat Secretary, which post is otherwise available in the Gram Panchayat concerned. 5. Having heard learned counsel for the parties and perused material available on record, this court finds that though at the first instance, petitioner herein was appointed as Tailoring Teacher in Gram Panchayat Lohna, but it is also not in dispute that before consideration of her candidature for promotion to the post of Panchayat Secretary, which one Panchayat could take after rendering 10 years service as Tailoring Teacher, Gram Panchayat Lohna was merged in newly carved out Municipal Council Palampur vide notification dated 24.7.2023 (Annexure P-8). After issuance of aforesaid notification, petitioner became an employee of Urban 2025:HHC:27110 - 4 - Development Department and for almost two years, she raised no objection with regard to her absorption in other department on account of merger of the some of the area of Gram Panchayat Lohna in the Municipal Council Palampur. 6. Once it is not in dispute that post of Gram Panchayat Secretary is not available in the department of Urban Development, coupled with the fact that promotion to the post of Panchayat Secretary can only be granted where post of Panchayat Secretary is available in the concerned Gram Panchayat, no illegality can be said to have been committed by the respondents while passing order dated 24.7.2023, thereby rejecting claim of the petitioner qua the promotion to the post of Panchayat Secretary on the ground that Panchayat of the petitioner stands merged in Municipal Council Palampur. 7. No doubt, as per pleadings adduced on record, 14 candidates, who were initially appointed on contractual basis as Tailoring Teachers in various Gram Panchayats were subsequently promoted to the post of Panchayat Secretary after their having completed 10 years service as Tailoring Teachers, but fact remains that aforesaid promotion was done prior to merger of the Gram Panchayat Lohna in Municipal Council Palampur. Now since on account of the merger, petitioner has become an employee of Municipal Council Palampur for all intents and purposes, she cannot be permitted to claim promotion against the post of Panchayat 2025:HHC:27110 - 5 - Secretary, which post is otherwise available in the Directorate of Panchayati Raj. 8. Consequently, in view of the above, this court finds no merit in the present petition and accordingly, same is dismissed. Needless to say, petitioner herein being an employee of Municipal Council Palampur, shall be provided adequate opportunity of promotion to the higher post and in case, there is no provision of promotion for the candidate holding the post of Tailoring teacher, respondents with a view to remove stagnation shall create promotional channel and while effecting promotion, if any, service rendered by the petitioner in Gram Panchayat shall also be taken into consideration. All pending application shall stand disposed of accordingly. August 12, 2025 (Sandeep Sharma), (manjit) Judge