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News: Human Interest Story

Joshi gets justice after nine years of struggle

*Gets status as DFSC after retirement

SHIMLA, October 5, 2019

At last Mr. Madan Lal Joshi got justice and got promoted as after nine years and four months of struggle fighting against the odds in the system for none of his fault. The story of his struggle is an eye opener for all those who sit back and are not able to fight against the odds.

In fact, Mr. Joshi who was ignored during the promotion to the post of District Controller of Food Civil Supplies and Consumer Affairs from District Food & Supplies Officer in 2010, three days of his retirement, had to seek justice from the courts of law, when a rule meant to be applied on the adhoc employees, was wrongly applied on him despite the reality that he was working as FSO on regular basis.

Initially, his representations were not entertained by the department, and he knocked the door of the High Court in 2010 and lost the case in the single bench on August 24, 2011. His appeal also met the same fate on April 29, 2013, and he had to knock the door of the Apex Court of India, where he had to withdraw his appeal on the ground that he will challenge the rule, and the Supreme Court allowed him to do so, accordingly on October 21, 2013.

Thereafter, Mr. Joshi built up and filed a fresh case in the High Court on January 2, 2014 for ignoring him for the promotion, which was heard by the division bench and allowed after hearing the arguments. Meanwhile, the HP State Administrative Tribunal (HPSAT) was revived in 2015 and the case was transferred to it. He had to wait for the final outcome for over four years in HPSAT. However, the department did not agree to the observations made by the departments of personnel and the law, on the pretext of non- action by the HP State Public Service Commission.

Not loosing heart, Mr. Joshi had to file a contempt of court case in May 2017 for non-implementation of the HPSAT orders to promote him, that was later allowed and proceedings started against the Administrative Head of the Department and Member of the HPSPSC. The Chairman of the SAT in his interim orders in the contempt case gave clear orders to promote him on April 30, 2019. However, during the process, the HPSAT was dissolved, and Mr. Joshi had again to file a case in the High Court mentioning the facts of the case, which was allowed for hearing.

Meanwhile, the Departmental Promotion Committee constituted by the HPSPSC held the proceedings twice and ultimately, Mr. Joshi got promoted to the post of District Controller of Food Civil Supplies and Consumer Affairs recently.

For any information and clarification, please contact:

Madan Lal Joshi: 8278766360


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