HEMA KARKI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) Petitioner is serving as Inspector in the Home Guard. As per applicable Rules, which were framed in the year 1982, as amended in the year 1988, a confirmed Inspector is eligible for promotion against the post of District Commandant The Rules further provide that 50% post of District Commandant are required to be filled by promotion. According to the petitioner, 5 posts of District Commandant, as referred to in Rule 5(2) of the U.P. Home Guard Service Rules, 1982, had fallen vacant during recruitment year 2015-2016 and requisition was also sent by the Commandant General, Home Guard to the State Government vide letter dtd. 25/7/2015 in which it was mentioned that petitioner is confirmed on the feeder post and she is eligible for promotion to the post of District Commandant. However, due to some unavoidable reason, promotion exercise could not be held pursuant to the said requisition, consequently, petitioner's claim for promotion could not be considered.

(3.) It transpires that subsequently in the year 2016, new Service Rules were framed, which were notified on 2/6/2016. In the new Rules, a new condition of eligibility was added, namely, requirement of qualifying service of eight years on the feeder post of Inspector, for promotion to the post of District Commandant.