OMKAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HAVING heard learned Sr. Counsel on behalf of the petitioners and the learned State Counsel, it transpires that promotional exercise was taken up on 31st July 2014 by the Departmental Committee for promotion of the Excise Inspectors to the post of Assistant Excise Commissioner, wherefor 21 posts were existing. 38 serving Excise Inspectors were considered by such Committee for promotion, and seniority -wise 21 such Inspectors were found eligible for the said promotion on 15th September 2014. Out of these 21 recommended names, 15 persons, in accordance with their seniority, were granted promotion vide Office Memo dated 1st October 2014 issued under the signature of Principal Secretary, Excise. Thus, six persons, including the present four petitioners, were denied the said promotion in anticipation of Uttarakhand Cadre allocation of six other Excise Inspectors, who were relieved way back on 17th August 2004 from the services of State of Uttarakhand to join the State of Uttar Pradesh and they are still working there as such.

(2.) IT was submitted by the learned Sr. Counsel that those six persons, working in the State of Uttar Pradesh, were appointed on the recommendations of Uttar Pradesh Public Service Commission though after carving out the new State of Uttarakhand on 9th November 2000.

(3.) HOWEVER , they got their posting in the State of Uttarakhand after the appointed day. Learned Sr. Counsel argued that under the spirit of Section 73 of the Uttar Pradesh Re -organization Act, Uttarakhand cadre could have been allocated only to those employees of undivided State of Uttar Pradesh who were serving in the territory of Uttarakhand on or before the appointed day. Because of lack of this qualification, those six Excise Inspectors were relieved to join the State of Uttar Pradesh. They challenged their relieving order by way of filing the writ petition before this Court. Their writ petition failed ultimately.