STATE OF UTTARAKHAND Vs. SURESH CHANDRA

JUDGEMENT

(1.) The State of Uttarakhand has preferred the present writ petition to assail the judgment dtd. 11/12/2018, rendered by the Uttarakhand Public Services Tribunal, Bench at Nainital, in Claim Petition No.15/NB/DB/2013, preferred by the respondent-claimant Suresh Chandra.

(2.) The Tribunal has allowed the said claim petition. The respondent No.2 in the claim petition, i.e. the Chairman, Board of Revenue, Uttarakhand, Dehradun was directed to re-determine the seniority of Registrar Kanoongo, taking into consideration the Uttar Pradesh Avar Rajswa Lipik (Registrar Kanoongo Aur Sahayak Registrar Kanoongo) Sewa Niyamawali, 1958, and Rule 7 of the Uttarakhand Government Servants Seniority Rules, 2002 within a period of three months from the date of presentation of the certified copy of the impugned judgment.

(3.) The private respondent-claimant Suresh Chandra joined as Patwari on 27/3/1984. The next promotional post for which he offered his candidature was Assistant Kanoongo. The promotional exercise in District Udham Singh Nagar, where the respondent-claimant was posted, was undertaken in the year 2002. However, the respondent-claimant's claim for promotion was rejected on the ground that he was above 35 years of age. He challenged his disqualification by preferring a writ petition being Writ Petition No.840 of 2004 (S/S) before this Court, which was allowed on 16/2/2010, and the Division Bench of this Court upheld the said judgment in Special Appeal No.22 of 2010 vide order dtd. 26/3/2010.