SHASHI KUMAR SAINI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present writ petition, petitioner has sought following reliefs:-

(2.) According to the petitioner, he was given regular appointment as Sub Inspector, Excise on 29/8/1990; there is 10% quota available to Sub Inspector, Excise for promotion to the post of Excise Inspector under the U.P. Subordinate Excise Service Rules, 1992 (hereinafter referred to as 'the Rules'); there is no qualifying service prescribed for promotion to the post of Excise Inspector. According to him, a Departmental Promotion Committee was constituted in the year 2006 to supply 13 vacancies by promotion on the post of Excise Inspector, out of which 06 were to be filled by promoting Excise Sub Inspectors. Out of these 06 vacancies, one was of selection year 2002-03, three vacancies were of selection year 2003-04 and two vacancies were of selection year 2004-05.

(3.) According to the petitioner, he was eligible to be considered for promotion to the post of Excise Inspector against vacancy of selection year 2002-03, however, his claim was not considered on account of instructions issued by the State Government vide letter dtd. 7/4/2006, whereby Public Service Commission (hereinafter referred to as 'the Commission') was directed not to consider petitioner's claim for promotion till decision on his representation against an adverse entry recorded during report year 2004-05.