WPSS/1472/2021
2021 Latest Caselaw 4952 UK

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                                     WPSS No.1472 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

Ms. Neetu Singh, Advocate, for the petitioners.

Mr. Rakesh Kunwar, Additional CSC, for the State of Uttarakhand/respondent No.1.

Mr. Vinay Kumar, Advocate, for the respondent No.3.

The challenge in the present writ petition as given by the petitioners, is to the impugned promotion order No.C-82/UJVNL, dated 22.02.2021, whereby the private respondents have been granted promotion on the post of Junior Engineers.

The contention of the petitioners is that the entire promotional exercise which has been undertaken by the respondents is contrary to the Rules, which was adopted by the respondents, as per the judgment of the Division Bench of this Court dated 06.07.2018, passed in Special Appeal No.250 of 2018.

This issue of adoption of the Rules as made applicable in the respondent Department is a fact which is disputed by the learned counsel for the respondent No.3 Mr. Vinay Kumar, who submits, that rather the promotional exercise have been undertaken by the respondents, based on the Rules of 1972, which is applicable in the Department, but no such Rules have been placed before this Court.

In that eventuality, and under the peculiar circumstances of the present case, while issuing notices to the private respondent Nos.4 to 20, the learned Standing Counsels for the respondent Nos.1 and 3, may file their respective counter affidavits within a period of three weeks from today. The steps would be taken by the petitioner within a period of one week from today.

Orally, the learned counsel for the petitioners has informed this Court that based on the same selection process, which is presently impugned in the present writ petition, the respondents are still proceeding to undertake the promotional exercise in the near future as notified on 27.11.2021.

However, at this stage, this Court cannot take a cognizance of the same until and unless the same is brought on record by way of an affidavit along with an independent application.

Put up this writ petition as soon as the counter affidavit is filed by the respondents, particularly, the respondent No.3.

The promotion if any made in pursuance to the impugned order dated 22.02.2021 would abide by the decision of the writ petition.

(Sharad Kumar Sharma, J.) 07.12.2021

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