Uttarakhand High Court
WPSS/1304/2023 on 2 August, 2023
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
WPSS No. 1304 of 2023
Hon'ble Pankaj Purohit, J.
Mr. M.C. Kandpal, learned Senior
Counsel assisted by Mr. Tarun Mohan and
Mr. Devesh Kandpal, learned counsels for
the petitioner.
2. Mr. P.C. Bisht, learned Additional
C.S.C for the State of Uttarakhand.
3. Heard learned counsel for the parties.
4. By means of this writ petition,
petitioner has challenged order dated
20.07.2023 (Annexure No.15 to this writ
petition) passed by the District Magistrate,
Champawat, whereby, the petitioner has
been reverted from the post of Revenue
Accountant/Senior Assistant to the post of
Urdu Translator cum Junior Clerk.
5. It is the submission of learned counsel
for the petitioner that the petitioner has
given promotion by the erstwhile State U.P
on 19.01.1999 and the reversion has been
made by the respondent State without
giving an opportunity of hearing to the
petitioner by the impugned order.
6. It is further submitted by the learned
counsel for the petitioner that the petitioner
has been working on the post of Senior
Assistant/ Revenue Accountant for the last
22 years and therefore the reversion so far
is illegal and against the principle of natural
justice.
7. Per Contra learned State Counsel has
drawn the attention of this Court by passing
on a judgment of this Court in Special
Appeal No. 53 of 2013, "Ramesh Chandra
Joshi and another versus Iqbal Ahmad and
others", wherein the same controversy has
been set to rest by the Division Bench of
this Court. Learned State Counsel has taken
this Court to the certain paragraphs of the
judgment to substantiate his argument that
the matter related to Urdu Translator cum
Junior Clerks, who were given promotion on
the post of Revenue Accountant/ Senior
Assistants were turned down, and later on
their reversion was made. Consequently,
writ petition as well as special appeal was
dismissed by this Court.
8. This Court observed by going through
the judgment in the Special Appeal that the
petitioner was appointed pursuant to the
Uttar Pradesh Urdu Translator Cum Junior
Clerk Service Rules 1994 and it was a single
cadre post and therefore, the petitioner
cannot be given promotion under the cadre,
which is governed by the different set of
service rules named as Uttar Pradesh
Ministerial Service Rules, 1980.
9. Having heard to learned counsel for
the parties and without expressing the final
opinion on the merits of the case, I feel that
the counter affidavit is required in the case.
10. Learned State Counsel is granted six
weeks' time for filing counter affidavit.
Thereafter, two weeks' time is granted to
learned counsel for the petitioner for filing
rejoinder affidavit.
11. List on 05.10.2023.
(Pankaj Purohit, J.)
02.08.2023
R.Bisht/PN/-
