ANIL KUMAR Vs. UTTARAKHAND PUBLIC SERVICES TRIBUNAL

JUDGEMENT

(1.) Heard Mr. Rakesh Thapliyal, learned Senior counsel assisted by Mr. Mukesh Kaparwan, learned Advocate for the petitioner, Mr. J.C. Pande, learned Brief Holder for the State of Uttarakhand-respondent nos. 1 to 3, Mr. Alok Mehra, learned counsel for the fourth respondent and Mr. K.P. Upadhyay, learned Senior counsel assisted by Mr. Sandeep Kothari, learned Advocate for the sixth respondent.

(2.) This writ petition is filed seeking a writ of certiorari to quash the order passed by the Public Services Tribunal in claim petition No. 23/DB/2014 dated 29.09.2015; and for a writ of writ of certiorari to quash the final seniority list dated 28.02.2016.

(3.) Before examining the rival contentions, urged by learned counsel on either side, it is useful to take note of the relevant facts. The petitioner herein is a member of the Scheduled Castes. He was appointed by direct recruitment as a Technical Assistant, Geology on 08.01.1991. He was promoted, under the Accelerated Promotion Scheme, as an Assistant Geologist on 03.07.1997, and was thereafter promoted as a Geologist on 23.03.2004. He was later promoted as a joint Director on 28.03.2013. Both respondent Nos. 4 and 5 belong to the General Category. While the fifth respondent was appointed as a Technical Assistant, Geology by direct recruitment on 07.03.1983, the fourth respondent was appointed, as a Technical Assistant Geology, by direct recruitment on 21.10.1983. Both respondent nos. 4 and 5 were promoted as Assistant Geologists on 15.06.2004, and later as Geologists on 28.04.2010. While respondent no. 6 belongs to the Scheduled Caste Category, respondent No. 7 belongs to the Other Backward Classes. They were both appointed, by direct recruitment, as Assistant Geologists on 10.02.1999, and were promoted as Geologists on 15.10.2004. The Seniority list of Assistant Geologists was prepared on 11.03.2014 wherein the petitioner was placed above respondent nos. 4 to 7.