AJAY KUMAR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The Petitioner appeared for the Combined Civil Services Examination, 1998 conducted by the Uttar Pradesh Public Service Commission. His Roll number was 130504. His date of birth was 25 -07 -1974. His educational qualification was a post -graduate in Articles Page 2 of Annexure 4 shows the post preferred by the Petitioner. They are (1) Deputy Collector, (2) Deputy Superintendent of Police, (3) Asstt. Regional Transport Officer, (4) Trade Tax Officer, (5) Additional District Development Officer (Social Welfare), (6) Associate District Inspector of Schools/District Basic Education Officer i.e. B.S.A. (Basic Shiksha Adhikari)/other equivalent Administrative Post in the Hill cadre. There are other posts also preferred by the Petitioner, but they are not mentioned as they are not relevant for the purpose of this case.

(2.) The result of the examination was published on 23 -11 -1998. Annexure R.A. 2 produced alongwith the rejoinder affidavit shows that the Petitioner's Roll No. 130504 was included among the candidates selected for the executive group. There are two executive groups mentioned and the Petitioner is included in the second executive group. The other groups mentioned In the Annexure R.A.2 are Vanijya (commerce) group and Vishesh Bharti (special recruitment) group. !n the result published in Dainik Jagran on 25 -12 -1998 as seen from Annexure R.A.2, the Petitioner's Roll Number was included along 187 candidates selected. Annexure 5 is copy of the result published in the same news paper, in which the roll number and the name of the Petitioner are shown under the heading posts Basic Shiksha Adhikari (H). It means that the Petitioner was selected/allotted for the post of Basic Shiksha Adhikari (Hill cadre). As per Annexure P -6 order dated 27 -09 -1999, the Petitioner was appointed as Principal, G.I.C. Dangi (Pauri Garhwal). Later by Annexure P -8 order dated 27 -12 -1999, Annexure P -6 order was modified to the extent of posting the Petitioner as Principal, Government Intermediate College, Mussoorie. Since then, the Petitioner has been working as Principal, Government Inter College, Mussoorie.

(3.) The Petitioner filed writ petition No. 445 of 2003 praying for a direction to the State of Uttaranchal to prepare a tentative seniority list of PCS. Executive Branch Officers belonging to 1998 batch. The said writ petition was disposed of vide Annexure 1 judgment dated 26 -08 -2003 observing that the writ petition is premature. However, it was made clear that the said judgment will not come in the way of the Petitioner moving this Court again if the Government does not move in time after Petitioner makes a representation. In the light of Annexure P -1 judgment, the Petitioner submitted Annexure P -2 representation dated 05 -09 -2003. When there was no response from the Respondent, he filed the present writ petition praying for a direction to the Respondent to prepare a tentative seniority list of the officers belonging to 1998 batch of PCS. Executive Branch Officers indicating the Petitioner's seniority inter se his batch mates, followed by prepare of the final seniority list, within a peremptory time period to be fixed by the Court. While admitting the writ petition on 28 -11 -2003, this Court directed the Respondent to take decision on the preparation of tentative seniority list within three weeks. However, no tentative seniority list was prepared within the time stipulated by the Court. Hence, the Petitioner filed Civil Contempt Petition No. 7370 of 2004. Thereupon, a tentative seniority list of Uttaranchal Educational Service (General Education Cadre) was prepared and produced alongwith the counter affidavit in the contempt case. The Petitioner's name is included in the said list at serial No. 249. The Petitioner's name is shown as Principal, Government Inter College, Mussoorie.