Uttarakhand High Court
WRIT PETITION 140 of 2012 on 22 December 1987
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WPSS 37 of 2012Hon’ble V.K. Bist, J.
With
CLMA No.140 of 2012
& CLMA No. 10383 of 2012
Mr. Vikas Bahuguna, learned counsel for the petitioner.
Mr. Ashish Joshi, learned Standing Counsel for the State of Uttarakhand/ respondent nos. 1, 4 and 5.
Mrs. Beena Pandey, learned Standing Counsel for the State of Uttar Pradesh/respondent nos.2 & 3.
Heard learned counsel for the parties. Present petition has been filed by the petitioner for the following reliefs:
“(a) A writ order or direction in the nature of mandamus commanding the respondents to give notional promotion to the petitioner to the post of Senior Administrative Officer Collectorate Dehradun from 22.12.1987 i.e. the date when his junior Sri Rewadhar Joshi was promoted.
(b) A writ order or direction in the nature of mandamus commanding the respondents to pay the entire amount of arrears of differences of salary for the post of Senior Administrative Officer Collectorate Dehradun for a period of 22.12.1987 to 31.1.1988 with interest applicable thereon, treating him as promoted nationally to the post of Senior Administrative Officer on 22.12.1987.
(c) A writ order or direction in the nature of mandamus commanding the respondents to pay the retiral benefits to the petitioner for the post of Senior Administrative Officer Collectorate Dehradun treating him as retired form the post of Senior Administrative Officer 31.1.1988. (d) Any other suitable writ, order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case. (e) Award cost of the petition to the petitioner.”
By the order of Commissioner, Garhwal dated 31.08.2007, the petitioner was promoted as Office Superintendent (designated as Administrative Officer) w.e.f. 01.01.1986. Petitioner filed representation before the Secretary, Revenue, Uttar Pradesh for his notional promotion w.e.f. 22.12.1987, from which date his junior Rewadhar Joshi was promoted. The Secretary, Board of Revenue informed the Chief Secretary that no order is required to be passed. Then, petitioner made representation to the Chief Secretary, U.P. On 04.02.2011 the Chief Secretary, Government of U.P. passed order directing the Selection Committee to consider notional promotion of the petitioner w.e.f. 22.12.1987 (from which date, Rewadhar Joshi was promoted). Learned counsel for the petitioner also referred the letter of the District Magistrate, Dehradun dated 28[th]April, 2011 written to the Commissioner and Secretary, Board of Revenue, Lucknow, Uttar Pradesh, in which it was stated that in the service record of the petitioner, there is no adverse material on which basis his notional promotion can be denied. Learned counsel for the petitioner submitted that in view of these facts, the petitioner is entitled for notional promotion from the date of promotion of Shri Rewadhar Joshi.
Learned counsel for the petitioner submitted that since the petitioner is more than 81 years old, the writ petition may be disposed of by issuing direction to the Principal Secretary, Board of Revenue, Government of Uttarakhand to consider the claim of the petitioner for notional promotion from 22.12.1987.
Learned counsel for the respondents submitted that they have no objection, in case such direction is issued.
Considering the submission of learned
counsel for the parties and considering the fact that petitioner is 81 years old, I dispose of the writ petition, with a direction to the Principal Secretary, Board of Revenue, Lucknow, State of Uttar Pradesh to decide the claim of the petitioner for notional promotion from the date promotion was granted to Shri Rewadhar Joshi, who was admittedly junior to the petitioner. The Principal Secretary, Board of Revenue shall inform the decision taken to the petitioner and send the copy of the said order to the Principal Secretary, Board of Revenue, Uttarakhand. Thereafter, the Principal Secretary, Uttarakhand will also take
Arguments
decision in respect of claim of the petitioner regarding pensionary and other benefits. It is expected that respondents will take immediate steps in the matter, keeping in mind that petitioner is 81 years old. Stay application (CLMA No. 140/ 2012) and Misc. application (CLMA No.10383/2012) also stand disposed of.
mamta
(V.K. Bist, J.)
03.10.2012