STATE OF UTTARAKHAND Vs. RAVINDRA KUMAR

JUDGEMENT

(1.) Respondent approached Uttarakhand Public Services Tribunal, Dehradun by filing Claim Petition No. 73/DB/2019. In the said claim petition, he sought the following reliefs:-

(2.) Learned Tribunal allowed the claim petition and directed the Authorities to grant promotion to respondent notionally, as Head Operator w.e.f. 16/7/2013 and actually from 18/11/2016. Operative portion of the impugned judgment is reproduced below:-

(3.) State has challenged the said judgment mainly on the ground that confirmation on the feeder post of Assistant Operator was an essential condition for promotion to the post of Head Operator, and for confirmation, one is required to clear a Grade-II Examination; however, respondent was neither confirmed on the date when promotion exercise was held in July, 2013 and he cleared Grade II Examination only on 14/10/2013, therefore, he was not eligible to be considered for promotion as Head Operator in the promotion exercise held in the month of July, 2013. It is further contended that punishment of censure was imposed upon respondent on 18/11/2013 which attained finality and due to the effect of said punishment, respondent was rendered unsuitable for promotion for a period of three years i.e. upto 17/11/2016.