Uttarakhand High Court
WPSB/160/2022 on 28 March, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 28TH DAY OF MARCH, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
AND
HON'BLE SHRI JUSTICE RAMESH CHANDRA KHULBE
WRIT PETITION (S/B) NO.160 OF 2022
BETWEEN:
Narayan Singh. ....Petitioner
(By Mr. Sanjay Bhatt, Advocate)
AND:
State of Uttarakhand & others. ...Respondents
(By Mr. Vikas Pande, Standing Counsel for the State of Uttarakhand)
This Writ Petition coming on for hearing this
day, Hon'ble Shri Justice Manoj Kumar Tiwari, J.
delivered the following Judgment:
JUDGEMENT
Petitioner was appointed by direct
recruitment as Sub-Inspector in U.P. Police w.e.f.
08.02.1998. Upon State Re-organization, his
services were transferred to successor State of
Uttarakhand and he was promoted as Inspector in
Uttarakhand Police on 15.10.2016.
2. Petitioner is aggrieved by the fact that
persons, who were appointed by direct recruitment
as Sub-Inspector in Uttarakhand in the year 2002
and were promoted as Inspector in Intelligence
Branch in the year 2014, have been placed above
him in the seniority list prepared on 29.04.2020.
3. In this writ petition, petitioner has
sought the following reliefs:
"i. Issue a writ, order or direction in the
nature of certiorari to call for the record of
case and quash the impugned seniority list
dated 29-04-2020.
ii. Issue a writ, order or direction in the
nature of mandamus directing the official
respondents to redraw the seniority of
inspectors having regard to the initial date
of appointment of Petitioner on the post of
Sub-inspector and consequently to give
promotion to the Petitioner on the post of
Inspector with effect from the date juniors
to him were promoted on the post of
Inspector i.e. 15-09-2014 in compliance of
Government Order No. 1009/XX-1/2021-
01(26)/ 2020 dated 29th September, 2021
and pay him all consequential benefits."
4. Learned counsel for the petitioner has
referred to Government Order dated 29.09.2021
(Annexure-8 to the writ petition), which is
addressed to Director General of Police,
Uttarakhand. Perusal of the said document
reveals that State Government has directed to
hold review D.P.C. for grant of notional promotion
to such persons who were denied promotion when
junior were promoted to the post of Inspector in
2014.
5. Mr. Sanjay Bhatt, learned counsel
appearing for the petitioner submits that since the
State Government has in principle decided that
due to non-consideration of claim of senior
persons for promotion to the post of Inspector has
created an anomalous situation and the State
Government has now decided to take corrective
step, by holding review DPC, therefore, petitioner
has sanguine hope that his grievance regarding
seniority would now be redressed. He further
submits that if petitioner is promoted from the
date of promotion of his juniors, then his inter-se
seniority position would also be re-determined as
per Rules. He, therefore, submits that the writ
petition may be disposed of in terms of
Government Order dated 29.09.2021.
6. The prayer made by learned counsel for
the petitioner is innocuous, therefore, worth
accepting.
7. The writ petition is, accordingly,
disposed of in terms of the Government Order
dated 29.09.2021 with liberty to petitioner to
approach the appropriate forum at an appropriate
stage.
(MANOJ KUMAR TIWARI, J.)
(RAMESH CHANDRA KHULBE, J.)
Arpan
