JAGDISH CHANDRA KANDPAL Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2019-8-143
HIGH COURT OF UTTARAKHAND
Decided on August 08,2019

Jagdish Chandra Kandpal Appellant
VERSUS
STATE OF UTTARAKHAND Respondents




JUDGEMENT

RAMESH RANGANATHAN,J. - (1.)The petitioners, four in number, have invoked the jurisdiction of this Court seeking a writ of mandamus declaring the delay of three years, in granting them regular promotions to the post of Deputy Collectors, as arbitrary and illegal; a writ of mandamus commanding the first respondent to grant regular promotion to them in the post of Deputy Collector w.e.f. 01.10.2007 by appropriately modifying the promotion order issued on 07.05.2012; a writ of mandamus commanding the first respondent to delete the condition regarding two years' probation in the promotion order dated 07.05.2012 in view of notional promotion given to the petitioners, which was effective from 08.04.2010, and also in view of Rule 25(5) of the Recruitment Rules which provides for taking officiating/ad-hoc services into account for computing the period of probation; and a writ of mandamus commanding the respondents to grant all service benefits to the petitioners, consequent to the grant of regular promotion as Deputy Collectors, w.e.f. 01.10.2007.
(2.)Facts, to the limited extent necessary, are that the petitioners were all permanent Tehsildars during the relevant period 2007-08. On 18.04.2007, the first respondent is said to have obtained approval for holding a regular promotion exercise in the promotees quota of Deputy Collectors. However, consequent on a meeting held by a Committee, consisting of three officers, on 12.09.2007 the names of 10 permanent Tehsildars were recommended for promotion to the post of Deputy Collectors on an ad-hoc basis for a period of one year or till availability of officers from the Public Service Commission appointed through direct recruitment; and the petitioners were promoted as Deputy Collectors on a temporary basis/stop-gap arrangement for a period of one year.
(3.)During the period when the petitioners were discharging the functions of Deputy Collectors, albeit on a temporary basis, a regular process of promotion to the post of Deputy Collectors was undertaken by the Uttarakhand Public Service Commission and, on completion of the said process, orders were issued to 15 permanent Tehsildars on 08.04.2010 promoting them as Deputy Collectors. Contending that promotion to the post of Deputy Collectors, from the feeder category of Tehsildars, should have been made solely on the basis of merit and not on the basis of seniority-cum-merit, the petitioners filed Writ Petition (S/B) No. 113 of 2010 and Writ Petition (S/B) No. 101 of 2011 challenging the said selection.


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