S C HANDA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY means of this writ petition, the pe titioner has sought the following reliefs : (1) To issue a writ of mandamus commanding the respondents to fill up 75% promotional quota posts of the Principals/equivalent post before or with effect from 23-10-2004 by holding the selec tion for promotion to the posts of the Principal of the Government Polytechnic within the stipulated period as prescribed by the Court. (2) To issue a writ of mandamus commanding the respondents to consider and promote the peti tioner to the post of the Principal of the Government before or with effect from 23-10-2004, with all consequential benefits.

(2.) BRIEF facts giving rise to the present petition are that the petitioner was directly appointed on the class-1 post of the Head of Department (Phar macy) in the Polytechnic vide order dated 19-9-1983, and he joined on the said post on 22-03-1984. He was regu larized on the aforesaid post on 28-8-1991 and he has been continuously work ing on this post for the last 21 years and stagnating without getting any promotion, although the Director, respondent No. 2, had sent proposals on 8-12-2003 and 22-01-2004 to the respondent No. 1, the State of Uttaranchal for filling up the 75% promotional quota of the posts of Princi pal/joint Director, but before filling-up the said promotional quota posts, the 25% direct quota posts had been wrongly filled in bymaking direct recruitment of three persons on the post of Principal by the order dated 23-10-2004. It has been al leged that even despite the recommen dations dated 21 - 04-2004 and 8-11-2004 and being senior most Head of De partment in the pay scale of Rs. 10000-15200 and being placed at serial No. 1 in the eligibility list for the promotion, the petitioner has not been promoted on the post of Principal or equivalent post in the pay scale of Rs. 12000-16590.

(3.) THE short controversy involved in the present writ petition relates to fill up the post of Principal in Govern ment Polytechnic Institutions. THE services of Technical Education Gazetted Officers which include Prin cipal is governed by the Rule known as "u. R Technical Education Gazetted Officers Service Rules, 1990" (herein after referred as 'rules' ). Rule-4 of the Rules provides for the strength of service in each category of post to be determined by the Government which shall be, as given in Appendix-1, until it is varied by the Government Orders. Rule-5 of the 'rules' provides that re cruitment to the various categories of posts in the service shall be made from sources mentioned against each category in Appendix-1.