Employee Who Forgoes Earlier Promotion Can't Claim Reconsideration Within One Year: HP High Court

The Himachal Pradesh High Court dismissed a writ petition filed by Indu Sharma, a retired Junior Assistant, challenging the placement and promotion of her juniors to the post of Senior Assistant in the Department of Language and Culture.

Justice Ranjan Sharma remarked that: “If an employee was promoted to a higher post and such an employee refuse or foregoes his promotion then, the said employee is not to be considered for promotion again for a period of one year from the date of refusal of first promotion or till a next vacancy arises, whichever is later.”

The Court held that once an employee forgoes an earlier promotion, she cannot seek reconsideration within one year in view of binding Government Instructions dated 27 August 2004.

In 1985, the petitioner joined and was promoted as Junior Assistant in 1995. Later, she was promoted as Senior Assistant in 2001 but did not join.

Then in June 2004, she was again promoted as Senior Assistant which she also declined. Subsequently, other candidates were granted placement as Senior Assistant.

Aggrieved by her non-consideration, the petitioner challenged the promotion and placement of other candidates, she sought a review.

The court noted that the other candidate was never promoted, but was only given placement as Senior Assistant, and therefore the petitioner's challenge on this count was misconceived.

Further the court observed that the petitioner neither challenged the instructions nor assailed the rejection of her representation, which was passed strictly in accordance with instructions.

Thus, the Court upheld her denial of consideration and promotion to the petitioner as senior assistant.

Case Name: Indu Sharma v/s State of H.P. and others

Case No.: CWPOA No. 646 of 2019

Date of Decision: 21.11.2025

For the Petitioner: Mr. Bharat Bhardwaj, Advocate vice Dr. Lalit Kumar Sharma, Advocate.

For the Respondents: Mr. Hemant K. Verma, Deputy Advocate General, for respondents No.1 & 2-State.

Mr. Adarsh K. Vashisht, Advocate, for respondent No.4.

Mr. Vipin Kumar, Senior Assistant, Language & Culture Department, Himachal Pradesh, Shimla, present in person along with case records

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