CHANDRA SHEKHAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner seeking following relief:

(2.) Brief facts, leading to filing of present writ petition, are that the petitioner was initially appointed as Junior Clerk in the Directorate of Medical and Health Services, Uttar Pradesh, Lucknow on 11.05.1999 and continued to work in the same capacity till 2004, when he was promoted as Upper Division Clerk in the said office. Subsequently, after creation of the State of Uttarakhand on 09.11.2000, the petitioner gave his joining in the directorate of the second respondent on the selfsame date.

(3.) It is averred in the writ petition that unfortunately, the petitioner was prosecuted, in case crime no. 220 of 2006, P.S. Vigilance Sector, Kotwali Dehradun under Section 7/13(1)(d) read with Section 13(2) of Prevention of Corruption Act in the court of Special Judge (Vigilance), Dehradun in Special Sessions Trial no. 48 of 2007, State Vs Chandra Shekhar. However, vide judgment and order dated 19.03.2019, the Special Court acquitted the petitioner in respect of the offences he was charged. Thereafter, the petitioner was promoted notionally w.e.f. 02.04.2009 as Head Assistant vide order dated 14.06.2019 in the office of second respondent on the basis of next below rule. It is also averred that the petitioner was further notionally promoted as Administrative Officer w.e.f. 30.03.2012 vide order dated 29.06.2019 passed by the second respondent and the petitioner is continuously functioning on said post at Dehradun. It is further averred that the petitioner became due and eligible for next promotion to the post of Senior Administrative Officer in the pay scale of Rs.9300- 34800 with Grade Pay of Rs.4800 w.e.f. 31.05.2016 on the strength of Notification dated 01.06.2011 issued by the Department of Personnel (Section-2) through which the rules of 2011 were introduced in the conditions of service for Uttarakhand Clerical Cadre Post which stipulates that such employees, who had completed minimum two years period as Administrative Officer in the pay scale of Rs.9300- 34800, Grade Pay Rs.4600 or had completed 20 years of service in subordinate post, were eligible for the post of Sr. Administrative Officer on the principle of seniority subject to rejection of unfit.