STATE OF UTTARAKHAND Vs. R.P. UPADHYAYA

JUDGEMENT

(1.) In this Writ Petition, the order passed by the Public Services Tribunal in Claim Petition No. 1DB2017 dtd. 17/5/2018 is under challenge. The jurisdiction of the Tribunal was invoked by the respondent herein seeking a direction to quash the order dtd. 5/2/2016 whereby the petitioner's representation was rejected; a direction was sought to the respondents to consider the case of the petitioner strictly in terms of the policy decision dtd. 25/11/2004, the DPCselection proceedings dtd. 19/1/2005, and as per the fact shown in the recommendation dtd. 17/3/2005 made by the Labour Commissioner, U.P; to direct the respondent to review the order dtd. 21/2/2006 by which the petitioner had been promoted to the post of Labour Enforcement Officer with effect from the date he took charge since W.P. No. 33890 of 2000 had been dismissed by the Allahabad High Court; a direction to promote the petitioner to the post of Labour Enforcement Officer w.e.f. 27/5/1986; to direct the respondent to place the petitioner's name in the seniority list dtd. 3/1/2008 on the basis of his appointment date i.e. 27/5/1986; and to issue a consequential order fixing his pay as per rules.

(2.) Facts, to the limited extent necessary, are that the petitioner was initially appointed to the post of Welfare Assistant in the Welfare Department in Uttar Pradesh on 22/3/1973, and was posted in Dehradun. Consequent on the Uttar Pradesh Hill Sub Cadre being created, the petitioner was allotted thereto. The seniority list of employees working in the U.P. Hill Sub Cadre was prepared and, after the State of Uttarakhand came into being, the respondent-claim petitioner was allotted to the State of Uttarakhand.

(3.) It is the case of the respondent-claim petitioner that promotion of Welfare Assistants was pending in the office of Labour Commissioner, U.P. since 1977; writ petitions were filed in the Allahabad High Court; a policy decision was taken by the State of U.P, on 25/11/2001, to promote Welfare Assistants; a copy of the said Government Order was also forwarded to the respondent-claim petitioner; he, along with others, were promoted by the State of Uttarakhand vide order dtd. 21/2/2006 subject to the result of W.P. No. 33890 of 2000 in which the respondent-claim petitioner was a party respondent; a selection committee meeting was held by the Government of U.P. on 19/1/2005 to consider the names of Welfare Assistants for promotion; the name of the petitioner, along with others, finds place in the selection list dtd. 19/1/2005; the petitioner's promotion as Labour Enforcement Officer was recommended w.e.f. 27/5/1986 by the selection committee in its proceedings dtd. 19/1/2005; proceedings dtd. 17/3/2005 were issued by the State of U.P, requesting the Principal Secretary, Government of Uttarakhand, to pass suitable orders to promote the petitioner as per the recommendations of the selection committee dtd. 19/1/2005; the Labour Commissioner, Uttarakhand had promoted the petitioner to the post of Labour Enforcement Officer vide letter dtd. 21/2/2006; W.P. No. 33890 of 2000 was dismissed by order dtd. 26/2/2014; and in view of the recommendations of the Labour Commissioner, U.P, to promote the respondent- claim petitioner w.e.f. 27/5/1986, the State of Uttarakhand should have promoted the respondent- claim petitioner from that date.