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2026 DAILYLAW 11797 (HP)

MANOHAR LAL v. TORUL RAVEESH AND ANOTHER

COPC/754/2026 · 2026-06-16

Jyotsna Rewal Dua

body2026

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No.754 of 2026 Decided on: 16.06.2026 ------------------------------------------------------------------------- Manohar Lal …..Petitioner Versus Ms Torul Raveesh and another .....Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Neel Kamal Sharma and Ms. Shailja Thakur, Advocates. For the Respondents: Mr. Vedhant Ranta, Advocate. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Notice. Mr. Vedhant Ranta, learned counsel, appears and waives service of notice on behalf of respondents. 2. Petitioner alleges breach of directions issued in Manohar Lal versus H.P. State Industrial Development Corporation(HPSIDC) & another2. The operative portion of the said decision is as under:- “7. In view of above discussion and for the reasons recorded hereinabove, the instant petition is allowed in the following terms: (i). Respondent-Corporation is directed to consider the case of the petitioner for promotion as Junior Engineer (Civil) under 4% quota as per Rule 11(vii) of the Recruitment & Promotion Rules dated 25.08.2012 [Annexure R-5] from date of 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2CWPOA No.4494/2019, decided on 05.01.2026. 2 eligibility in March, 2017 or from the date vacancy in 4% quota became available [whichever is beneficial], within two months from today; (ii). Upon consideration, in case, the petitioner is found fit for promotion as Junior Engineer (Civil) under Rule 11 (vii); the resultant promotion be granted with all consequential benefits within above period; (iii). Respondent-Corporation shall consider the petitioner for promotion as Civil Engineer (Civil); without insisting for six months departmental training as in Rule 11 (vii); which was never conducted by the Corporation; (v). Parties to bear respective costs. In aforesaid terms, the instant petition, along with all pending miscellaneous application(s), if any, stands disposed of, accordingly.” 3. Learned counsel for the petitioner submits that a post of Junior Engineer (Civil) has fallen vacant in the respondent-Corporation on account of retirement of one Sh. Om Prakash Bhardwaj under office order dated 31.03.2026; That available vacancy is required to be filled up by promotion, however, respondents till date have not convened meeting of Departmental Promotion Committee and thereby deprived the petitioner of his right of consideration against the aforesaid vacancy. 4. Learned counsel for the respondents- Corporation on the basis of instructions imparted to him submits that there is indeed a vacancy available on 3 account of retirement of aforesaid Sh. Om Parkash Bhardwaj and that respondents are in the process of convening meeting of Departmental Promotion Committee for filling up the vacancy in accordance with law; That name of petitioner also falls in the zone of consideration for promotion to the aforesaid vacancy; That respondents shall convene the meeting of the Departmental Promotion Committee for filling up aforesaid vacancy within a period of four weeks from today i.e. by or before 15.07.2026. 5. In view of the assurance given by the learned counsel for the respondents for convening meeting of Departmental Promotion Committee for filling up available vacancy of the Junior Engineer (Civil) in HPSIDC Ltd. by or before 15.07.2026, the present proceedings are closed. Notice issued to respondents are discharged. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua June 16, 2026 Judge yogesh