DEVI DEEN Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Mr. Vinay Kumar, Advocate for the petitioner and Mr. V.D. Bisen, Brief Holder for the State of Uttarakhand / respondents are ready to argue this matter finally, therefore, with the consent of learned counsel for the parties, matter is taken up for final hearing and disposed of by this judgment.

(2.) Petitioner was initially appointed as Cook on 25.09.1992 in the erstwhile State of U.P.. On 16.11.1999, petitioner was promoted on the post of Ardali / Peon and on 24.02000, petitioner was further promoted on the post of Daftari. There is only one post of Dafatari in the office of respondent no. 4, which is occupied by the petitioner. Vide order dated 28.12016, respondent no. 4 invited applications for filling up the post of Daftari from all eligible Class IV employees and petitioner was orally asked not to perform the duties of Daftari. Feeling aggrieved, petitioner has approached this Court.

(3.) Mr. Vinay Kumar, Advocate for the petitioner submits that petitioner is working on the post of Daftari for the last 16 years and till date neither show cause notice was issued nor disciplinary inquiry has been initiated nor order dated 24.02.2000 has been revoked. He was promoted by then Commandant, who was competent to do and till date order passed by the Commandant is not challenged by any one before any competent authority.