WPSS/3423/2018
2023 Latest Caselaw 1973 UK

Citation : 2023 Latest Caselaw 1973 UK
Judgement Date : 31 July, 2023

Uttarakhand High Court

WPSS/3423/2018 on 31 July, 2023

               Office Notes,
            reports, orders or
             proceedings or
No   Date                                   COURT'S OR JUDGES'S ORDERS
              directions and
            Registrar's order
             with Signatures
                                 WPSS No. 3423 of 2018
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Amar Murti Shukla, Advocate for the petitioner.

2. Mr. V.S. Rawat, Brief Holder for the State of Uttarakhand/respondents.

3. Heard learned counsel for the parties.

4. Petitioner is a Group-D employee serving in Education Department. According to her, she belongs to Scheduled Caste category, therefore, she is entitled to benefit of reservation. It is further her case that in the exercise for promotion, held in 2010, her case was considered against a reserved post, however, promotion order could not be issued in her favour.

5. Petitioner has sought direction to respondent no. 1 to take decision on the recommendation made by Director, School Education, Uttarakhand in his letter dated 20.11.2015. The Director, in the said letter has mentioned that employees belong to reserved category have stated that, they will resort to agitation, if they are not given benefit of reservation, and State Government was requested to re-examine the matter.

6. Learned State Counsel, however, points out that Section 3(7) of U.P. Public Services (Reservation of Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, which provided for reservation in promotion, was struck down by Division Bench of this Court in Writ Petition (S/B) No. 45 of 2011. He, thus, submits that in view of the said judgment, benefit of reservation cannot be given to petitioner, in promotion.

7. This Court finds substance in the said contention.

8. Since there is no provision enabling the State Government to grant reservation in promotion and reservation in promotion cannot be claimed as a matter of right, therefore, the direction as prayed by petitioner cannot be granted.

9. Thus, there is no scope for interference. The writ petition fails, and is dismissed.

(Manoj Kumar Tiwari, J.) 31.07.2023.

Navin