DEEWAN SINGH BHANDARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SINCE the issue raised in both the above writ petitions is the same, the two are being heard and decided together by a common order. However, it is made clear that the particular facts referred to in the present order pertain to Writ Petition (S/S) No. 463 of 2010.

(2.) HEARD Mr. D. S. Bisht, Advocate for the petitioners, Mr. N. P. Sah, Standing Counsel for the State of Uttarakhand and Mr. Manoj Tiwari, Senior Advocate assisted by Mr. Bhagwat Mehra, Advocate for respondent nos. 4 to 19.

(3.) THE petitioners before this Court are class III employees of Horticulture and Food Processing Department, State of Uttarakhand. They have challenged by means of the present writ petition the promotion of respondent nos. 4 to 19 from class IV post to class III post, which have been made under the Uttarakhand Horticulture and Food Processing Subordinate (Group -C) Service Rules, 2009. The challenge of the petitioners to these Rules is as it prescribes a particular method and criteria of promotion from Class IV to Class III. In other words, it introduces "merit" while making promotion from class IV post to class III post as class IV candidates will have to successfully pass a "written examination" conducted by the Selection Committee. Earlier though, under the 1993 Rules pertaining to the Horticulture Department, promotion was to be made only on the basis of seniority subject to the rejection of unfit. The petitioners also submit that it is in violation of the 2004 Rules, applicable to the service conditions of the Government Employees in the State of Uttarakhand, more precisely known as Uttarakhand Government Servants (Criterion of Recruitment by Promotion) Rules, 2004. As per the said rules (i.e. 2004 Rules) apart from post of Head of Department and the post next to the Head of Department and the post carrying the pay -scale of Rs. 18300/ - or above, all other promotions are to be made on the basis of seniority subject to rejection of unfit.