WPSS/774/2020
2021 Latest Caselaw 5181 UK

                     Office Notes, reports,
SL.                 orders or proceedings or
          Date                                                COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      16.12.2021
                                                WPSS No. 774 of 2020
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. Bhagwat Mehra, Advocate, for the petitioners.

Mr. N.P. Sah, Standing Counsel, for the State.

Mr. Shobhit Joshi, Advocate, holding brief of Mr. Ashish Joshi, Advocate, for the respondents.

The petitioners, who are four in numbers, they have preferred this writ petition, praying for a writ of mandamus directing respondent Nos. 1 and 3, that the action of the respondents of concluding the promotional exercise of 55 vacant posts of Foreman, under promotional quota, it ought to have been completed within the reasonable time frame and keeping the issue pending was prejudicing their rights.

Simultaneously, a writ of mandamus has also been sought by them, directing the respondents to forthwith consider the petitioners' promotion on the posts of Foreman, Govt. I.T.I, from the due date, along with all consequential benefits.

Pleadings in the writ petition have been exchanged.

The respondent No. 3, herein, i.e. Uttarakhand Public Service Commission, had filed an affidavit, wherein they have submitted, that on the culmination of the process of selection by way of promotion, the recommendation has already been forwarded to the State on 03.12.2021.

In that eventuality, once the recommendation has already been made, in fact, the issue raised by the petitioners, in the present writ petition stands diluted; but, subject to the condition that the State takes a decision, based on the recommendation, which has been made by the Public Service Commission, within the specified time frame.

Hence, without expressing any opinion on the merits of the matter, and exclusively based on the fact, which has been brought on record, by way of supplementary counter affidavit, filed by respondent No. 3, the respondent No. 1, herein is directed to consider and pass an appropriate order on the recommendation of the selection by way of promotion, which has been made by the Public Service Commission on 03.12.2021 and the State is expected to take a decision on the same within a period of two months from the date of presentation of the certified copy of this judgment.

Subject to above observation, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 16.12.2021 Mahinder/