Uttarakhand High Court

Unknown vs State Of Uttarakhand And Others on 5 June, 2025

                                                        2025:UHC:4553-DB


IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

  THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR

                                AND

       THE HON'BLE JUSTICE MR. ALOK MAHRA

              Writ Petition (S/B) No.196 of 2025
                            5th June, 2025


 Mukesh Kumar Saini                                --    Petitioner

                                Versus

 State of Uttarakhand and Others                   --Respondents

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 Presence:-
 Mr. Ajay Veer Pundir, learned counsel for the petitioner.
 Mr. P.C. Bisht, Additional C.S.C. and Mr. S.M.S. Mehta, learned Brief
 Holder for the State/respondent nos.1 & 2.
 Mr. Pankaj Miglani, learned counsel for respondent no.3.
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 JUDGMENT :

(per Mr. G. Narendar C. J.)

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for respondent no.3.

2. By representation dated 06.03.2023, the petitioner has prayed as under:-

"Therefore, it is clear from the above details that due to non completion of D.P.C. process at that time, the applicant did not get any promotion from the date of original appointment in the department i.e. 26-07-2005 till today. Sir, it is requested that kindly consider the above mentioned points sympathetically. Since, for the selection year 2016-17, proposal for promotion was sent by the Headquarter on 02- 02-2018 to the Public Service Commission, Haridwar through the Appointing Authority / Secretary, Transport Department,

2025:UHC:4553-DB

Uttarakhand, to fill 01 vacant post of Transport Tax Officer-1 which way lying vacant at that time, upon which no further action has been taken till date. Therefore, it is humbly requested to you to kindly extend the benefits of seniority determination and notional promotion to Applicant from the date of vacancy to the post of Transport Tax Officer-1 (selection year 2016-17). The applicant will be forever grateful for your positive cooperation."

3. On a plain reading of the prayer, it is apparent that the writ petition is highly misconceived and not maintainable. If the request of the petitioner is allowed, it would virtually amount to undoing the merger exercise carried out by the respondents-State, whereby two cadres of Transport Tax Officer-II and Transport Tax Officer-I came to be merged and constituted a single Cadre. There is no challenge to the proceedings, by which the Cadres came to be merged. Without challenge to the supervening circumstances, the instant writ petition is highly misconceived and is rendered infructuous.

4. Accordingly, the writ petition stands rejected.

(G. NARENDAR, C. J.)

(ALOK MAHRA, J.) Dated: 05.06.2025 BS

BALWANT

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT

2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28c

SINGH df4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F4187 55DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.06.10 19:16:23 +05'30'