BHUWAN SINGH GUSAIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Aggrieved by the order dated 16.12.2020, passed by the Commissioner, Rural Development Department, Uttarakhand, Pauri, whereby the learned Commissioner has rejected the prayer of the petitioner for granting him notional promotion on the post of Chief Administrative Officer, the petitioner has approached this Court.

(2.) Briefly stated, the facts of the case are that on 05.02.1985, the petitioner was appointed as a Junior Clerk at the Employees Training Centre, Hawalbag, Almora. Subsequently, on 08.11.1993, he was promoted to the post of Senior Clerk, and was transferred to Block Salt, DistrictAlmora. On 03.11.2010, he was promoted to the post of Chief Assistant; he was transferred in Block-Bhikyasain, District-Almora. Thereafter, on 15.05.2013, he was promoted to the post of Administrative Officer. He continued to work in Block-Bhikyasain, District Almora. On 11.05.2018, he was further promoted to the post of Senior Administrative Officer; he was transferred to Block Pokhari, District Chamoli. On 25.06.2019, he was transferred from District-Chamoli to District Almora.

(3.) Since the petitioner had already completed one year's period of working as a Senior Administrative Officer, on 27.07.2019, he sent a representation to the Commissioner, Rural Development Department, respondent no. 2. In the representation, he clearly pointed out that he is due to retire on 31.12.2019. Since he is eligible for being promoted to the post of Chief Administrative Officer, his candidacy for the said post should be considered by the Department. In case, he were to be promoted on the said post, he would be entitled to receive the pay-scale of the promotional post. Therefore, even the pension amount would increase. However, for almost six months, respondent no. 2 did not react to the said representation. Meanwhile, on 31.12.2019, the petitioner superannuated from the post of Senior Administrative Officer.