BEER SINGH BHANDARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Sri S.K. Posti, the learned counsel for the petitioner and Sri N.P. Sah, the learned Standing Counsel for the State.

(2.) BY means of this petition, the petitioner has prayed for a writ of certiorari for the quashing of the order dated 08.05.2009 passed by the respondent, by which the representation of the petitioner for promotion from Senior Clerk to Chief Assistant has been rejected. The petitioner has further prayed that a writ of mandamus be issued to the respondents to give promotion to the petitioner from the date when the juniors to the petitioner have been promoted.

(3.) THE brief facts leading to the filing of the writ petition is, that the petitioner was appointed as a Junior Clerk in Zila Parishad Chamoli on 21.10.1971. Subsequently, the petitioners service was merged in the year 1972 in the Basic Education Board. The services of the petitioner was confirmed by an order dated 04.10.1978 with retrospective effect from 01st August, 1973. The petitioner was, subsequently, promoted as a Senior Clerk by an order dated 01st August, 2000. It is alleged that a post of Chief Assistant become vacant in the office of District Education Officer on 22.08.2007 and, the petitioner, being the senior most, applied for promotion and also made a representation. This representation was, subsequently, rejected by an order dated 08th May, 2009 holding that the petitioner was not entitled for promotion since he was not the senior most and that the petitioners seniority could only be considered w.e.f. 22.04.2006 i.e. from the date when his service was transferred to Uttarakhand Governments service under the Uttaranchal School Education Act, 2006 by virtue of the Notification dated 24th June, 2006.