NANDAN SINGH Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The petitioner before this Court is a Patwari's Peon working in the Revenue Circle, District Almora. He claims promotion from Class IV post to Class III post i.e. to a post of Patwari, which is now called as "Revenue Sub Inspector". Although, in the erstwhile State of U.P. there was initially no specific Rules for promotion of Patwari Peon to the post of Patwari but under the Government Order dated 18.08.1986, 10% posts of Patwari were to be filled from amongst Patwari Peons. The educational qualification however, was High School.

(2.) On 09.11.2000 the new State of Uttarakhand came into existence by an Act of Parliament known as "Uttar Pradesh Reorganisation Act, 2000". The petitioner has since been working in Uttarakhand as Patwari's Peon. According to the petitioner, he was selected to appear in the exam of Patwari but prior to appearing in the examination, such Patwari's Peons have to be sent for training. According to the petitioner, his name was shortlisted and thereafter he was liable to be sent for training, but he has not been sent for training so far. Now, the Government of Uttarakhand has framed its own Rules where 10% of Class III posts, which were to be filled from promotion amongst Class IV posts, have been increased to 25%, but the qualification has also been increased from High School to Intermediate. According to the petitioner, this is in violation of proviso to Section 74 of the Uttar Pradesh Reorganisation Act, 2000, which reads as under :-

(3.) Indeed there was no such Rules earlier by which there was a channel of promotion from Patwari's Peon to Patwari, but in view of the Government Order dated 18.08.1986 (referred above) it became a part of the condition of service, for those who are working in the Revenue Department, whereby a Patwari having High School certificate were entitled for promotion, subject to qualifying training, test etc.