KHEM RAJ BHATT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner in this case has challenged the order of the respondents/State dated 13th December, 2005 by which the petitioner, in essence, has been down graded while deleting his name from the seniority list of Ministerial employees.

(2.) THE short fact of the case is as follows:

(3.) UNFORTUNATELY , in the year 2005, a notice was issued to him asking to show cause why his name should not been deleted from the list of cadre of Office Assistant. The cause was shown by the petitioner mentioning all facts and also the relevant rules. It was claimed that the change of cadre on account of incapacity due to ailment or accident or otherwise and, as such, he has been fitted to the post of Office Assistant. By the impugned order, such assertion of the petitioner has been rejected and it was said that he was originally driver and he should not be fitted and/or appointed to the post of Office Assistant. His name in the cadre, consequently in the seniority list of the Office Assistant is absolutely illegal and this was done by mistake. So, he was reverted to the position of Driver deleting his name from seniority list.