UMESH CHAND Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) The petitioner in this writ petition has put challenge to the impugned orders dated 28/31st August, 2009 and 26th August, 2016 as passed by respondent no. 2 i.e. (Transport Commissioner, Uttarakhand, Dehradun) by virtue of which the claim of the petitioner for the alleged merger of his services from "Regional Cadre" to the "Headquarter Cadre" has been declined. To be precise relief sough for is quoted hereunder:

(2.) Admittedly, questioning the two orders, the first rejection of the claim of the petitioner for merger in the Headquarter cadre was made by the order dated 28/31st August, 2009 which was not challenged by the petitioner initially within reasonable time rather it stood finalized about 7 years before, and later on, when the subsequent order dated 26th August, 2016 was passed on the representation of the petitioner, the said order dated 26th August, 2016 was taken as to be the basis and the background for challenging the order dated 28/31st August, 2009 belatedly. Further what is revealed from records is that even by the order dated 26th August, 2016, by virtue of which the claim of the petitioner for merger of his cadre into the headquarter was yet again rejected, has been challenged by the petitioner by filing a belated writ petition only on 30th January, 2017. The writ petitioner does not explain the reasons attributing to latches for a belated relief as has been sought, more particularly, when the principal relief of merger in headquarter cadre stood rejected as back as on 28/31st August, 2009.

(3.) Briefly put, the case of the petitioner is that the petitioner was inducted into the services of the Transport Department as back as on 10th June, 1966, as a Class-IV employee i.e. Peon in the office of Assistant Regional Transport Officer, Haridwar. Subsequent to the appointment, he was posted in the office of the Assistant Regional Transport, Haridwar, where he joined his services. Since 10.06.1966 till 31.07.2003, the petitioner continued to discharged his duties in Regional Office.