VIJAY KUMAR NAUTIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Before dealing with the intricacies of the matter, few basic facts which has been argued by the learned counsel for the petitioner is that admittedly he was appointed as Assistant Lecturer (Civil Engineering) on ad-hoc basis on 29/11/1982. It is further admitted case of the petitioner is that the services of the petitioner was regularized by the Selection Committee constituted for the purposes of regularization, by an order dtd. 5/3/1992. As a matter of fact, and also as per the settled legal proposition, he becomes a regular member of service only w.e.f. the date of his regularization, and is made as a regular member of the cadre of service.

(2.) It is the case of the petitioner that he has completed his AMIE in the year 1988 i.e. during the period when he was discharging his duties as Assistant Lecturer, Civil Engineering on ad-hoc basis and he was yet to acquire the regular status into the service. A writ petition was preferred by the petitioner being Writ Petition (S/S) No. 1542 of 2004, Vijay Kumar Nautiyal v. State of Uttarakhand through Secretary, Technical Education, Uttarakhand Civil Secretariat, Dehradun with a prayer of mandamus commanding the respondents to grant promotion to the petitioner on the post of Lecturer (Civil Engineering) since he having completed his AMIE, he would be eligible to be considered for promotion as per the Rules.

(3.) The said writ petition as preferred by the petitioner was disposed of by the coordinate Bench of this Court by the judgement dtd. 20/6/2008 with the direction to complete the process of promotion from the feeding cadre in accordance with law within a period of one month from the date of production of certified copy of the order.