PUSHKAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner has invoked the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, by way of filing present writ petition, seeking writ in the nature of mandamus directing the respondents to promote the petitioner on the post of driver from the date juniors to the petitioner have been promoted on the aforesaid post of driver, i.e., 30.06.2005 with all consequential benefits.

(2.) Brief facts, as narrated in the writ petition, are that the petitioner was initially appointed as Tandoorman in the Estate Department of the then Uttar Pradesh Government vide order dated 16.11.1998. It is averred that major work in the Estate Department is regarding maintaining staff cars for VVIPs and State guests apart from their hospitality. The petitioner was having valid driving licence and all other eligibility to discharge the duties of driver and right from the Estate Department of erstwhile Uttar Pradesh, the petitioner had discharged the duties of driver with the State guests. It is also averred in the writ petition that since the petitioner is permanent resident of State of Uttarakhand, after creation of State of Uttarakhand, he requested that he be allocated the State of Uttarakhand. The petitioner was allocated in the State of Uttarakhand only on 17.12.2007, but the allocation order did not prescribe any date as to from which date the petitioner shall be allocated to the State of Uttarakhand. It is stated that in any case, the petitioner should be deemed to be allocated in the State of Uttarakhand from the date of its creation. The petitioner is continuously working in the Estate Department of Uttarakhand since 2007.

(3.) It is also stated in the writ petition that a specific request has been made by the petitioner to the authorities at Uttarakhand that he is discharging the duties as driver since 1997, though his substantial appointment is as a Tandoorman. The authorities having considered the request made by the petitioner vide order dated 22.04.2009 granted permission to him to discharge the duties of driver in addition to the duties as Tandoorman. It is specifically mentioned in the writ petition that other similarly situated persons, appointed on Class IV posts, who were discharging their duties as drivers, were given one time opportunity by the State Government to be promoted as driver. The State Government has framed Rules to regulate the services of the drivers by farming the Uttarakhand Government Department Driver Services Rules, 2003 (hereinafter referred to as 'the Rules'). As per Rule 7 of the Rules, the recruitment of the drivers was required to be made through direct recruitment. However, this particular Rule 7 was amended and notified on 06.06.2005, wherein for a particular recruitment year 2004-05, amendment has been made that the Class IV employees / persons who have completed three years of service and possesses the requisite qualification required for the driver as provided in Rule 11 of the Rules, shall be recruited against the vacancies meant for direct recruitment. It is categorically mentioned that by granting such benefits of amendment to Class IV persons, the persons who were junior to the petitioner have been granted the appointment / promotion as driver vide order dated 30.06.2005.