STATE OF UTTARAKHAND Vs. KEWAL SINGH

JUDGEMENT

(1.) Heard Mr. Vikas Pandey, learned Standing Counsel for the appellant-State of Uttarakhand and Mr. T.A. Khan, learned Senior Counsel assisted by Mr. A.K. Arya, learned Counsel for the respondent-writ petitioner.

(2.) The application in CLMA No.1982 of 2019, seeking condonation of delay in preferring this Appeal, is not opposed by Mr. T.A. Khan, learned Senior Counsel for the respondent-writ petitioner. The Delay Condonation Application is therefore allowed, and the delay is condoned.

(3.) This appeal is preferred against the order passed by the learned Single Judge in WPSS No. 810 of 2012 dtd. 5/4/2018. In the order under appeal the learned Single Judge observed that the petitioner was fully eligible and qualified for promotion, but the respondents, instead of considering him, had promoted his juniors; and the petitioner ought to have been considered in accordance with law. The Learned Single Judge, thereafter, quashed the order dtd. 28/2/2012 which related to excess salary paid to the petitioner, and directed the respondents to consider the case of petitioner for promotion, if necessary, by holding a review D.P.C., from the date persons junior to him were considered and promoted. The dispute, in this writ petition, relates to the post of Cameraman, promotion to which post was sought both by the respondent-writ petitioner and the third respondent in the writ petition.