WPSS/315/2022
2022 Latest Caselaw 434 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
      ON THE 24TH DAY OF FEBRUARY, 2022
                   BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     WRIT PETITION (S/S) No. 315 of 2022

BETWEEN:
Sidarth Kotnala                             ... Petitioner
      (Mr. B.D. Upadhayaya, Senior Advocate assisted by Mr. Sunil
      Upadhyaya, Advocate)

AND:
State of Uttarakhand & others               ... Respondents
      (Mr. Rakesh Kuwar, learned Additional C.S.C. for the State)

                          JUDGMENT

1. Petitioner is serving as L.T. Grade Teacher (English) in a Government aided intermediate college, namely, Inter College Motadang, Pauri Garhwal. According to him, post of Lecturer (English) has fallen vacant due to superannuation of previous incumbent, namely, Mr. Rajendra Singh Rawat, on 31.03.2021 and the said vacancy is required to be supplied by promotion, as Mr. Rajendra Singh Rawat was also promoted to the said post.

2. Grievance of the petitioner is that respondents are contemplating to fill the aforesaid vacancy on the post of Lecturer (English) by direct recruitment. This, according to the petitioner, is impermissible, as under the Regulations, a post earmarked to be filled by promotion, cannot be filled by direct recruitment.

3. Learned counsel for the petitioner submits that petitioner has already made representation to the

Manager of the concerned Institution. He further submits that petitioner will make a fresh representation to the Manager of the Institution, who may be directed to take decision thereupon at the earliest.

4. Learned counsel for the State has no objection, if the prayer made by learned counsel for the petitioner is granted.

5. Accordingly, the writ petition is disposed of with liberty to the petitioner to make fresh representation to the Manager of the concerned Institution, within ten days from today. If such representation is made within stipulated time, the Manager shall consider the same in the light of the relevant regulations and take appropriate decision, as per law, within four weeks thereafter. For a period of six weeks, status quo qua post of Lecturer (English) shall be maintained.

(MANOJ KUMAR TIWARI, J.) Aswal