Uttarakhand High Court
WPSS/687/2021 on 19 July, 2021
Office Notes,
reports, orders or
proceedings or
SL. No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
WPSS No. 687 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Through Video Conferencing)
Mr. T.P.S. Takuli, Advocate for the
petitioner.
Mr. N.S. Pundir, Deputy Advocate
General for the State of Uttarakhand.
Mr. Prem Kaushal, Advocate for
respondent Nos. 2 to 4.
The petitioner to the present Writ Petition,
has put a challenge to the impugned order (which
is undated), wherein, he has given a challenge to
the order which was passed by the Assistant
General Manager, by virtue of which, the
adverse entries made in the service record of the
petitioner has been downgraded.
His contention is that initially, the entry
which was made by respondent No.3 in the
service record of the petitioner has been
downgraded by respondent No.4.
The contention of the petitioner is that the
Service Rules, as applicable on the petitioner's
services, they are governed by the Rules called
as the Uttarakhand Transport (Subordinate)
Technical Services Rules, 2009, and as per Rule
25 of the said Rules, which is extracted
hereunder :-
"25. Regulation of other matters - In
regard to the matters not specifically covered by
these rules or by special orders, persons
appointed to the service shall be governed by the
rules, regulations and orders, applicable
generally to government servants serving in
connection with the affairs of the State."
Which provides the savings clause and it
contemplates that the areas, which are not
covered specifically by the said Rules, then the
General Rules, as applicable to the State
Government Servants, what would be applicable.
Meaning thereby, in that eventuality,
where awarding of an adverse entry
contemplated under the Rules, do not provide for
any platform to the petitioner for redressal of
grievance, in that eventuality, the government
servants disposal of representation rules as
against the adverse annual confidential reports
would be available to him.
The contention of the petitioner is that as
against the aforesaid downgrading of the adverse
entry, he has availed his remedy by preferring a
statutory representation before the competent
authority, i.e. respondent No.2, on 9th April,
2021, and the same still pending consideration,
and on account of its pendency, his claim for
promotion or consideration of his promotion to
the post Assistant General Manager, has been
kept pending.
In that eventuality, without expressing any
opinion on the merits of the matter and
particularly, considering the fact that the
petitioner has got a statutory remedy, which has
been saved by Rule 25 of the Rules of 2009, of
representing his grievance before the respondent
No.2, as against the awarding of adverse entry or
its downgrading, this Writ Petition is being
disposed of with the direction to the respondent
No.2, to consider and pass an appropriate order
on the petitioner's statutory representation,
within a period of two months from the date of
production of certified copy of this judgment,
before him.
It is further made clear that while deciding
the representation, the petitioner would be
provided an opportunity of hearing by
respondent No.2.
Subject to the above observations, the Writ
Petition stands disposed of.
(Sharad Kumar Sharma, J.)
Dated 19.07.2021
Shiv
