Citation : 2025 Latest Caselaw 2546 UK
Judgement Date : 18 August, 2025
2025:UHC:7255-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE JUSTICE SRI MANOJ KUMAR TIWARI
AND
HON'BLE JUSTICE SRI ASHISH NAITHANI
Writ Petition (S/B) No. 344 of 2020
Pradeep Kumar ---Petitioner
Versus
State of Uttarakhand and Another ---Respondents
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Presence:-
Mr. I.P. Gairola, Advocate for the petitioner.
Mr. Sushil Chandra Vashistha, Standing Counsel for the State of Uttarakhand.
Mr. Dharmendra Barthwal, learned counsel for respondent no. 2.
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The Court made the following:
JUDGMENT:
(per Hon'ble Justice Sri Manoj Kumar Tiwari)
Petitioner was appointed as Junior Engineer in U.P. State Electricity Board in the year 1989. He was subsequently promoted as Assistant Engineer in Uttarakhand Power Corporation Ltd. in June, 2009.
2. According to him, Departmental Promotion Committee (DPC) was held for considering claim of Assistant Engineers for promotion to the post of Executive Engineer (Electrical and Mechanical) on 16.05.2018, in which his name was also considered for promotion, however, his result has not been declared, and is kept in a sealed cover on account of pendency of disciplinary enquiry.
3. By means of this Writ Petition, the following reliefs have been sought:-
"(i) Issue a writ, order or direction in the nature of the mandamus commanding/directing the respondent no. 2 to open the sealed envelope, regarding promotion of the petitioner to the post of Executive Engineer (E. & M.) and further, be directed to promote the petitioner as Executive Engineer (E. & M.)."
2025:UHC:7255-DB
4. Having regard to the relief claimed in the Writ Petition, we are of the opinion that ends of justice would be met if the Competent Authority is directed to look into the matter and take appropriate decision as per law.
5. Accordingly, the Writ Petition is disposed of with a direction to Managing Director, Uttarakhand Power Corporation Ltd. to look into the matter and take decision regarding opening of the sealed cover, as per law.
_______________________________ MANOJ KUMAR TIWARI, J.
__________________________ ASHISH NAITHANI, J.
Dt: 18th August, 2025 Shiksha
SHIKSHA
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fb
BINJOLA d40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B528 3D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.08.19 10:07:32 +05'30'
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