PRAKASH CHANDRA PANDEY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner before this Court was appointed as a Stenographer in the Regional Cadre of Uttar Pradesh Transport Department in the year 1982 and being a member of the hill cadre, he was finally allocated to the State of Uttarakhand in the year 2001. These are all admitted facts.

(2.) SINCE 14.05.2002 the petitioner was given an adhoc promotion (for a period of six months) to a higher post of "Passenger Tax Superintendent" and since then he was performing the duties on the post of Passenger Tax Superintendent. Initially his appointment was for six months, but subsequent orders for extension were passed in regular intervals. The petitioner has been able to establish his claim before this Court that he was continuously officiating as a Passenger Tax Superintendent, though it was only vide order dated 30.01.2009 that he was given a regular promotion to the post of Passenger Tax Superintendent against the vacancy of 2001 -2002.

(3.) THE petitioner now claims promotion to the post of Passenger Tax Officer (Grade -I). The Rules applicable in the service and promotion of such employees, which is known as "Uttar Pradesh Transport Taxation (Subordinate) Service Rules, 1980" (hereinafter referred to as "Rules of 1980"), as adopted and applicable in the State of Uttarakhand.