HANUMAN SINGH NABIYAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD Mr. Gopal Narain, Advocate for the petitioner and Mr. K.P. Upadhyaya, Standing Counsel appearing on behalf of the State of Uttaranchal.

(2.) THIS writ petition has a peculiar fact. The petitioner was working with the erstwhile State of Uttar Pradesh in his capacity as an Assistant Commissioner, Sales Tax. At the time, when the State of Uttar Pradesh was divided, his choice was asked and admittedly, he gave the choice for the State of Uttaranchal. At the relevant time, he was working as Assistant Commissioner, Sales Tax at Rudrapur, which area, ultimately, fell to Uttaranchal.

(3.) THE petitioner says that before the State of Uttaranchal came into existence, a Departmental Promotion 'Committee was constituted by the State Government i.e. the State of Uttar Pradesh against the then available vacancies in Uttar Pradesh for the posts of Deputy Commissioner, Trade Tax. The petitioner belongs to Scheduled Tribe. He claimed that he stood at serial No. 2 in the seniority list of the Scheduled Tribe candidates. His case is that he was considered for his promotion by the said Departmental Promotion Committee and he was recommended to be promoted to the post of Deputy Commissioner, Trade Tax by the Departmental Promotion Committee. On his promotion, the petitioner offered his joining report under his own signature on 05 -05 -2001, in which he claimed that since, he was promoted by the Uttar Pradesh Government to the post of Deputy Commissioner, Trade Tax by order dated 01 -05 -2005 bearing No. -1 -1857/11 -2001 -173/2000, he was joining at Rudrapur, itself, where he was serving as Assistant Commissioner; in the post of Deputy Commissioner, Trade Tax,' Dehradun and it seems that the Commissioner refused to countersign it & sought for the guidance from the State Government by his communication dated 04 -05 -2001 bearing No. 252/2001 -2002