PREMLATA JOSHI Vs. CHIEF SECRETARY

JUDGEMENT

(1.) Leave granted.

(2.) Dispute in these appeals pertains to the validity of appointment to the post of Director, Medical Health. Ms. Premlata Joshi, appellant in one of these appeals was appointed to the post of Director, Medical Health, which was in general category and available to all eligible candidates, irrespective of their category, along with one Dr. C.P. Arya, who was promoted to the post of Director, reserved for Scheduled Caste candidate. Promotion of C.P. Arya is not in question. However, Dr. Y.S. Bisht, who is private respondent in these appeals, and was also considered for the said post but was not appointed, challenged the appointment of Ms. Premlata Joshi (hereinafter referred to as the appellant). The Public Service Tribunal, Uttarakhand, where the Original Application was filed, dismissed the said application of Dr. Bisht (hereinafter referred to as the private respondent) vide orders dated 18th August 2009. This order was challenged by the private respondent before the High Court of Uttarakhand in the form of a Writ Petition. The High Court has allowed the said Writ Petition holding that the selection to the post was on the basis of merit and since private respondent was more meritorious than the appellant, he should have been promoted to the post of Director, Medical Health instead of the appellant. On the date of the judgment, both the appellant as well as private respondent had retired. Therefore, the direction is given by the High Court to treat the private respondent as having been promoted to the post of Director, Medical Health on and from 14.7.2008 till the date of his retirement and he be paid the arrears of salary, accordingly, after fixing his salary on the post of Director. Director is also given to work out his pension and other retirement dues on the same post.

(3.) This judgment of the High Court is challenged by the appellant as well as the State of Uttarakhand (hereinafter referred to as the official respondent). This is how we have the instant two appeals against the same judgment filed by two parties.