STATE OF UTTARAKHAND Vs. UMAKANT JOSHI

JUDGEMENT

(1.) WHETHER the Uttarakhand High Court could ordain promotion of respondent No.1 ' Umakant Joshi to the post of General Manager with effect from 16.11.1989, i.e., prior to formation of the State of Uttaranchal (now known as the State of Uttarakhand) with the direction that he shall be considered for promotion to the higher posts with effect from the dates persons junior to him were promoted is the question which arises for consideration in these appeals, one of which has been filed by the State of Uttarakhand and the Director of Industries, Dehradun and the other two have been filed by Sudhir Chandra Nautiyal (hereinafter described as, 'Appellant No.1') and Surendra Singh Rawat (hereinafter described as, 'Appellant No.2') respectively against order dated 4.6.2010 passed by the Division Bench of that High Court in Writ Petition No.324 of 2008.

(2.) THE service profile of Appellant No.1:

(3.) AFTER about 2 years, respondent No.1 filed Writ Petition No.324 of 2008 and prayed for issue of a direction to the respondents (State of Uttarakhand and Director, Directorate of Industries) to give him the benefit of the time scale and the selection grade respectively with effect from the date of completion of 8 years and 14 years service and notional promotion to Class-I post from 1989. In support of his claim, respondent No.1 relied upon the orders passed in favour of Shri R.K. Khare, who was promoted to Class-I post with effect from 16.11.1989. He also relied upon orders dated 22.1.2001 passed by the Governments of the States of Uttar Pradesh and Uttarakhand whereby large number of officers including Shri S.C. Chandola, who were senior to Shri R.K. Khare were promoted to Class-I posts with effect from 16.11.1989.