NANDAN GIRI Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) These writ petitions being connected, we are disposing of the same by a common judgment.

(2.) These writ petitions are lodged essentially against the order passed by the Public Services Tribunal. The matter relates to Commercial Tax Department. The tussle is between promotees and direct recruits. The Tribunal was approached by the private respondents, who are referred to as "the applicants" seeking the following reliefs:-

(3.) The applicants were given promotions as Commercial Tax Officers. They were given promotions on ad-hoc basis in the year 2007. Subsequently, in the year 2010, they were appointed substantively, i.e. they were appointed after consultation with the Public Service Commission. Thereafter, a provisional seniority list was prepared. Finding their position as being below that of the direct recruits, they filed objections; objections were overruled; a final seniority list was published. It is thereupon that they approached the Tribunal, which we have already noticed. Before the Tribunal counter-affidavits were filed by the contesting litigants. The Tribunal, however, took the view that the applicants are entitled to seniority taking into consideration the ad hoc promotion and the service rendered on the basis of the orders granting them ad hoc promotions. It is feeling aggrieved by the same that the writ petitions, three in number, are filed before this Court.