MAJOR ARUN KUMAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The Restoration Application No. 716 of 2019, duly supported by an affidavit, has not been opposed by the learned counsel for the respondents, is allowed. Order dated 01.07.2019 is recalled. The Writ is restored to its original number.

(2.) These writ petitions are filed seeking a writ of mandamus directing the respondent Nos.1 and 2 to re-fix the seniority of the petitioners taking into account the previous service as a Medical Officer in the Unit of Short Service Commission; a writ of mandamus directing the respondent Nos.1 and 2 to decide the representations of the petitioners.

(3.) Facts, to the extent necessary, are that the petitioner was appointed in the Thal Sena on 21.08.1999 by Short Service Commission on the post of Captain in the Wing of Medical. On 21.08.2003, he was promoted on the post of Major and thereafter, he was released from service on 19.03.2005, after completion of five years and six months service. In pursuance of the advertisement dated 06.02.2014 of the Public Service Commission for the post of Medical Officer, after taking 'No Objection Certificate' dated 14.07.2004, the petitioner applied for the said post. The petitioner was selected under 2% Military Quota. The appointment letter was issued on 27.11.2004. There was some problem before the petitioner as a result, he sought time for extension of joining. The Government granted time for joining till 31.03.2005. The petitioner joined on 19.03.2005 in the office of the respondent No.4 and he was given a charge of Medical Health Officer. His previous service as a Captain and after promotion as a Major should be added for the benefit of seniority, but, he has not been given seniority of the previous service. Therefore, petitioner moved a representation on 31.07.2016 before the respondent No.2, but till date his seniority of the previous year has not been counted in the present department.