Uttarakhand High Court
WPSS/19/2019 on 4 April, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 4TH DAY OF APRIL, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ K. TIWARI
Writ Petition (S/S) No. 19 of 2019
BETWEEN:
Mohan Singh Bisht ... Petitioners
(By Mr. A.M. Saklani, Advocate)
AND:
State of Uttarakhand & others ... Respondents
(Mr. Narayan Dutt, learned Brief Holder for the State of
Uttarakhand and Mr. Mukesh Kaparuwan, learned counsel for
respondent nos. 2 to 4)
JUDGMENT
1. According to the petitioner, he was appointed
as 'Beldar' on daily wages in Garhwal Jal Sansthan
w.e.f. 01.10.1987 and after State re-organisation, his
services were regularized in Uttarakhand Jal Sansthan
on 01.11.2003.
2. According to petitioner, juniors to him were
promoted to the post of Junior Assistant, while his claim
has been ignored only on the ground that petitioner had
not produced certificate of having passed High School
and Intermediate Examination.
3. Mr. A.M. Saklani, learned counsel appearing
for the petitioner submits that petitioner has passed
High School and Intermediate Examinations from U.P.
Board and he also possesses Certificate in Computer
from NIT. Thus, according to learned counsel, denial of
promotion to the petitioner is unjust and uncalled for.
4. Petitioner has approached this Court seeking
the following relief:-
"(i) Issue a writ, order or direction in the nature
of mandamus commanding the respondents to
give the Pay Scale of Rs. 5200-20200 and Grade
Pay of Rs. 2400 to the petitioner on the basis of
recommendation of Screening Committee dated
16.10.2008 from 01.11.2013.
(ii) Issue a writ, order or direction in the nature
of mandamus commanding the respondents to
give the Avartak Shulk to the petitioner as has
been given to other employee of department.
(iii) Issue a writ, order or direction in the nature
of mandamus commanding the respondents to
give the Sanhat Vetan to the petitioner as has
been given to other employees of department from
1.11.201.
(iv) Issue a writ, order or direction in the nature
of mandamus commanding the respondents to
promote the petitioner on the Class III post as the
petitioner is working in the said post from 1987.
(v) Issue a writ, order or direction in the nature
of mandamus commanding the respondents to
count the service of the petitioner rendered in the
work charge establishment for the purpose of
pentionary benefit.
5. Having considered the facts and
circumstances of the case, this Court thinks that ends
of justice would be met, if petitioner is permitted to
make representation to the Competent Authority in
Uttarakhand Jal Sansthan, who may take decision in the
matter.
6. Accordingly, the writ petition is disposed of
with liberty to the petitioner to make representation to
the Competent Authority in Uttarakhand Jal Sansthan.
He shall enclose therewith copy of all educational
certificates. If such a representation is made by
petitioner within three weeks, the Competent Authority
shall look into the matter and take appropriate decision,
as per law, within four months from the date of
production of certified copy of this order along with
representation.
(Manoj Kumar Tiwari, J.)
Aswal
