STATE OF UTTARAKHAND Vs. JAGDISH CHANDRA KANDPAL

JUDGEMENT

(1.) These appeals arise from the impugned final judgment and order dtd. 8/8/2019 passed by the High Court [The High Court of Uttarakhand at Nainital] in Writ Petition (S/B) No. 68 of 2013. In order to appreciate the grievance of the appellants, relevant facts necessary for deciding these appeals are set out below.

(2.) These batch of Civil Appeals involve the question of entitlement of the promotees to count their ad hoc service for the purposes of computing seniority. On 17/2/2006, the Uttaranchal Civil Services (Executive Branch) Rules, 2005 (hereinafter referred to as 'the Rules ') were notified. The respondent nos. 3 to 6 in Civil Appeal No. 3072 of 2024 (hereinafter referred to as 'the promotees') were originally appointed on the post of Naib Tehsildars. On 1/7/2007, the promotees were confirmed on the post of permanent Tehsildars by way of regular promotion. The Departmental Promotion Committee (hereinafter referred to as 'the DPC') was constituted which held its meeting on 12/9/2007 and took note of the acute shortage of Civil Service Officers in the State. In the aforesaid meeting of the DPC it was noted that the process of direct recruitment was time consuming and the only option was ad hoc promotion. The DPC recommended 10 Tehsildars, including the promotees for promotion to the post of Deputy Collector on ad hoc basis.

(3.) The promotees, on 1/10/2007, were promoted to the post of Deputy Collector as stop-gap arrangement/temporary arrangement till the posts are filled by the Commission [The Uttarakhand Public Service Commission] by direct recruitment. The Additional Secretary of the State Government on 6/12/2007 forwarded a requisition for regular promotion highlighting the vacancies in the cadre of Deputy Collector. On 21/5/2008, the Commission sought information about filling up the posts of Deputy Collectors by promotion.