SUDESH CHANDRA Vs. COLLECTOR/DISTRICT MAGISTRATE

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned Standing Counsel for the State of Uttarakhand as well as learned counsel for the private respondents.

(2.) THE two writ petitions pertain to the same controversy, which relates to the promotion of Patwaris to the post of Registrar Kanoongo. The Rules applicable for promotion of Patwaris to the post of Registrar Kanoongo were framed in the erstwhile State of Uttar Pradesh and are known as “Uttar Pradesh Subordinate Revenue Ministerial (Registrar Kanungo and Assistant Registrar Kanungo) Service Rules, 1958”. These Rules are also applicable in the State of Uttarakhand. The original Rule pertaining to the promotion, particularly Rule 8 reads as follows: 8. Method of recruitment.

(3.) WHAT is relevant here for our purposes is that earlier (prior to the amendment) only such Patwaris were to be asked “option” for the post of Registrar Kanungo, who were less than 35 years of age. Consequently prior to 1962 only such Patwaris were liable to be considered for higher post of Registrar Kanungo who were below the age of 35 years. This stood amended in the year 1962 and the condition of being less than 35 years was removed from the statute. It is worthwhile to note that the government authorities who are responsible to make such promotions never considered the 1962 amendment while doing the exercise of promotion of Patwaris to the post of Registrar Kanungo. Therefore inadvertently or in total ignorance of law the earlier promotions have been made from the post of Patwari to the post of Registrar Kanungo only considering those Patwaris who had not attained the age of 35 years. In the year 2002, when in the State of Uttarakhand fresh exercise for promotion from the post of Patwaris to the post of Registrar Kanungo was under way and Patwaris who were junior were being promoted to the post of Registrar Kanungo, and seniors were ignored for promotion to the post of Registrar Kanungo, it was challenged by some Patwaris in a writ petition being Writ Petition No. 870 (S/S) of 2004. The principal contention of these petitioners in this writ petition (Writ Petition No. 870 (S/S) of 2004) was that they had opted for promotion to the post of Registrar Kanungo, yet they are not being considered.