LALIT MOHAN Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Supplementary counter affidavit filed on behalf of respondent No. 3 is taken on record. The Miscellaneous Application will stand disposed of.

(2.) Petitioner was appointed as Assistant Engineer (Civil) in the year 1983 in the Public Works Department of the undivided State of Uttar Pradesh. He was promoted as Executive Engineer (Civil) on 08.12.1993. He was working in the Hill Sub-Cadre and he was promoted as Superintending Engineer on 17.10.2000. Under the general order of allocation dated 11.09.2001, he stood allocated to the State of Uttarakhand. Pursuant to the recommendation of the DPC, the petitioner and one Sri P.N. Tikku were promoted as Chief Engineer Level-II on 12.12.2007. Annexure No. 2 is produced as Office Memorandum dated 23.06.2003. It is referred to in order to contend that, when the DPC makes recommendation, retirement vacancies are also to be taken note of and, if a vacancy is not filled, it is to be carried forward. The Office Memorandum is further referred to in order to point out that the vacancy is to be treated as a vacancy of the recruitment year during which it fell vacant whenever it is considered. Sri R.C. Mittal, who was holding the sole post of Chief Engineer Level-I, retired on 31.01.2008. Sri P.N. Tikku was recommended and appointed by way of promotion by order dated 23.04.2008 as Chief Engineer Level-I. Sri P.N. Tikku retired on 30.04.2008. It is the case of the petitioner that he was the only eligible candidate to be considered for the post of Chief Engineer Level-I. He was given the officiating charge by Annexure No. 4 dated 30.04.2008 in regard to the post of Chief Engineer Level-I. Petitioner has produced a note-sheet of November, 2009 as Annexure No. 5. Annexure No. 6 is the copy of the Minutes of DPC held on 29.01.2008. Petitioner filed a representation dated 05.04.2010 (Annexure No. 7).

(3.) Thereafter, petitioner filed Writ Petition (S/B) No. 294 of 2010, which was disposed of on 23.12.2010 as follows: