LAWS(UTN)-2010-7-30

VINOD PRAKASH NAUTIYAL Vs. STATE OF UTTARAKHAND

Decided On July 02, 2010
SRI VINOD PRAKASH NAUTIYAL Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) <DJG>J.S.KHEHAR, C.J.</DJG> The grievance of the petitioners is, that respondent Nos. 3 to 9 are substantively holding the posts of Junior Engineer, but have been granting officiating charge against the next higher posts of Assistant Engineer. It is, in this context, that the petitioners have made, inter alia, the following prayers for setting aside the action of the official respondents in granting officiating charge to the private respondents:

(2.) The petitioners have also sought a further direction, namely, a writ in the nature of mandamus, requiring the respondents to carry out a regular process of selection for promotion to the posts of Assistant Engineer. In so far as the issue of grant of officiating charge, as also regular promotion to the posts of Assistant Engineers is concerned, a controversy identical to the one raised in the instant writ petition came up for consideration before a Division Bench of this Court in Vinod Prakash Nautiyal and others versus State of Uttarakhand and others (Writ Petition (S/B) No. 154 of 2009, decided on 02.06.2010). The aforesaid writ petition was disposed of by passing the following orders:

(3.) In sum and substance, the claim raised by the petitioners in the instant writ petition stands fully adjudicated upon by the order dated 02.06.2010 (extracted hereinabove).