DAYANAND GAUTAM Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) The petitioner asserts that at present he is working on the post of Assistant Land Record Officer in Collectorate in district Haridwar. The petitioner filed a writ petition no. 420 of 2011 (S/S) before this Court seeking direction to respondent no.2 to take decision on the representation of the petitioner, pending before him, for his ad-hoc promotion on the post of Upper Tehsildar. That petition was finally decided with the direction to the Commissioner, Garhwal Division, Pauri Garhwal to decide representation of the petitioner expeditiously. In compliance of this Court s order in writ petition no. 420 of 2011 (S/S), the Commissioner, Garhwal Division passed an order on 26th May, 2011 directing the District Magistrate, Haridwar to consider the case of the petitioner sympathetically and pass appropriate orders in the light of instructions issued on 23.01.2007. Inspite of the order passed by the Commissioner, no decision has yet been taken by the District Magistrate, Haridwar. 2 Learned counsel for the petitioner submitted that the petitioner is going to retire on 30th June, 2011 and, in case, his claim is not considered and he is not promoted on ad-hoc basis before the date of his superannuation, he will suffer irreparably. He further submitted that in the similar situation, several other incumbents, junior to the petitioner, have been given ad-hoc promotion, but the petitioner is being deprived of. He prayed that directions may be issued to the District Magistrate, Haridwar to take final decision on the representation of the petitioner at the earliest.

(3.) Having heard the learned counsel for the parties and considering that the petitioner is going to retire on 30th June, 2011, the writ petition is disposed of summarily directing the District Magistrate, Haridwar to take final decision on the petitioner s claim for his adhoc/officiating promotion on the post of Upper Tehsildar without further delay but not later than 28th June, 2011.