Shimla: In a significant judgment, the Himachal Pradesh High Court has directed the state government to reconsider the promotion of an eligible departmental officer who was denied elevation to the post of Director of Agriculture, despite being recommended by the Departmental Promotion Committee (DPC).
Justice Sandeep Sharma, presiding over the case, expressed surprise and concern that the petitioner – the only eligible candidate for promotion – was denied the post merely because the tenure would have been short. The Court set aside the government’s order dated April 17, 2025, which had rejected the DPC’s recommendation.
The Court observed that the reason cited by the government – ongoing departmental projects and the short tenure of the petitioner – was unjustified. It stated that administrative continuity cannot override service rules, particularly when the recruitment regulations stipulate that the post of Director of Agriculture is to be filled 100% through promotion.
The petitioner argued that the DPC, comprising the Chief Secretary, Finance Commissioner, and Secretary of the Department, had unanimously recommended his name. However, the recommendation was rejected by the Minister in charge of the Personnel Department, citing that an IAS officer was already handling important projects as the current Director.
The government’s counsel defended the decision, stating that DPC recommendations are not binding and that promotion is not an absolute right, especially when larger public interest is at stake. They contended that the ongoing projects required continuity under the present IAS officer.
The petitioner’s counsel countered that the posting of an IAS officer to a post reserved for promotion violates service norms, and that denying a deserving candidate promotion on the grounds of project continuity is arbitrary and unfair.
Justice Sharma, while delivering the verdict, directed the government to reconsider the DPC recommendation within 15 days and take appropriate action in accordance with the law.
This judgment is being seen as a reaffirmation of the sanctity of promotion norms and service rules in civil services, especially where administrative discretion could override merit-based promotions.
