WPSS/2089/2019
2021 Latest Caselaw 2888 UK

IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
        ON THE 5TH DAY OFAUGUST, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     WRIT PETITION (S/S) No. 2089 of 2019

BETWEEN:

Gaurav Bhakuni                         ... Petitioner
     (By Mr. Siddhartha Singh, Advocate)

AND:
State of Uttarakhand & others          ... Respondents
     (By Mr. Pradeep Hariya, learned Standing Counsel)


                        JUDGMENT

1. Petitioner was appointed as Assistant Teacher - L.T. Grade (Mathematics) on 31.07.2006. He was subsequently promoted as Lecturer (Physics) vide order dated 10.06.2016.

2. In this writ petition, petitioner has claimed notional promotion to the post of Lecturer from 18.10.2011 on the ground that the post of Lecturer (Physics) fell vacant on 18.10.2011 and as he fulfilled all conditions of eligibility, therefore, he ought to have been considered for promotion against the said vacancy.

3. Without expressing any opinion on the merits of the claim raised by the petitioner, this Court thinks that ends of justice would be met, if petitioner is permitted to make representation to the Competent Authority, who shall look into the matter.

4. Accordingly, the writ petition is disposed of with liberty to the petitioner to make representation to the Manager, CRST Inter College, Nainital within three weeks from today. If such a representation is made within stipulated time, Manager shall consider petitioner's prayer and take appropriate decision, in accordance with law, preferably within four months from the date of production of such representation along with certified copy of this order.

5. It goes without saying that before passing any order, the Manager shall take concurrence from the Chief Education Officer, Nainital.

(MANOJ KUMAR TIWARI, J.) Aswal