Uttarakhand High Court
4Th November vs State Of Uttarakhand & Others on 14 November, 2024
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2024:UHC:8507-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE ACTING CHIEF JUSTICE SRI MANOJ KUMAR TIWARI
AND
HON'BLE SRI JUSTICE VIVEK BHARTI SHARMA
WRIT PETITION (S/B) NO. 706 OF 2024
14TH NOVEMBER, 2024
B.S. Chauhan ...... Petitioner
Versus
State of Uttarakhand & others ...... Respondents
Counsel for the petitioner : Mr. Subhash Upadhyaya, learned
counsel through video conferencing
with Mr. Sandeep Kothari, learned
counsel
Counsel for the respondents : Mr. C.S. Rawat, learned Chief
Standing Counsel assisted by Ms.
Puja Banga, learned Brief Holder for
the State
The Court made the following:
JUDGMENT:
(per Hon'ble The Acting Chief Justice Sri Manoj Kumar Tiwari)
Petitioner is serving as Joint Excise
Commissioner, Kumaun Region, Haldwani, District
Nainital.
2024:UHC:8507-DB
2) By means of this writ petition, petitioner has
sought the following reliefs :
"(i) Issue a writ, order or direction in the nature
of mandamus directing the respondents to approve
the result / recommendation of the DPC held on 16th
November 2023 for considering the case of promotion
of the petitioner on the post of Additional Excise
Commissioner, State of Uttarakhand, Dehradun, and
consequently to act in accordance with
recommendation of DPC dated 16.11.2023 and to
issue order of promotion of the petitioner, promoting
him to post of Additional Excise Commissioner
(contained as Annexure no. 6 to this petition).
(ii) Issue a writ, order or direction in nature of
mandamus directing the respondents to promote the
petitioner on the post of Additional Excise
Commissioner w.e.f. 16.11.2023 and to grant him all
consequential benefits from the said date and the
arrears of salary so accrued be paid along with the
interest @ 12% per annum."
3) According to the petitioner, a promotion
exercise was held in October 2023 for promotion to the
post of Additional Excise Commissioner, and petitioner's
claim was considered for such promotion by the DPC held
on 16.11.2023. Counsel for the petitioner submits that
petitioner's name was recommended for promotion,
2024:UHC:8507-DB
however, the recommendation made by the DPC is
pending consideration before the department of
Appointment and Personnel since 16.11.2023. It is
further the contention of learned counsel for the petitioner
that the promotion exercise was initiated during the last
selection year, i.e., 2023-2024, and now, the next
selection year 2024-2025 is also about to come to an end
in the month of June, but no decision has been taken on
the recommendation made by the DPC.
4) Mr. C.S. Rawat, learned Chief Standing Counsel,
on instruction, submits that the Department of
Appointment and Personnel is ceased of the matter, and it
will take some time to complete the promotion exercise.
5) The inordinate delay caused by Department of
Appointment and Personnel do not appear to be justified.
When the name of the petitioner has been recommended
by the duly constituted DPC, decision to promote, or not
to promote, has to be taken by the competent authority
within a reasonable time. Almost one year has gone by
since the DPC was held, therefore, we do not approve of
the manner in which the Department of Appointment and
Personnel has dealt with the matter.
2024:UHC:8507-DB
6) The writ petition is, accordingly, disposed of
with a direction to the Secretary, Department of
Appointment and Personnel, to take decision on the
recommendation made by the DPC within three weeks
from the date of production of certified copy of this order.
__________________________
MANOJ KUMAR TIWARI, A.C.J.
___________________
VIVEK BHARTI SHARMA, J.
Dt: 14TH NOVEMBER, 2024
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Date: 2024.11.20 20:22:52
+05'30'
