Court dismissed petitions challenging rejection of promotion claim. Held no vested right to promotion under circumvent rules; rejected interference but ordered examination for promotional pay.
Requests dismissed; authority must examine claim for promotional pay scale within four months of order copy production.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ON THE 2nd DAY OF NOVEMBER, 2022
BEFORE:
HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (S/S) No. 274 of 2020
BETWEEN:
Bhagat Ram Uniyal
……….Petitioner
AND:
State of Uttarakhand & Others
...Respondents
With
WRIT PETITION (S/S) No. 275 of 2020
BETWEEN:
Dinesh Singh Rana ……….Petitioner
AND:
State of Uttarakhand & Others ...Respondents
WRIT PETITION (S/S) No. 276 of 2020
BETWEEN:
Rishipal ……….Petitioner
AND:
State of Uttarakhand & Others ...Respondents
Mr. Amar Shukla, Advocate, for the petitioners. Mr. P.C. Bisht, Additional CSC, for the State/respondents.
JUDGMENT
Heard learned counsel for the parties.
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an amendment made in the recruitment rules for the post of Naib Tehsildar, in 2009, promotional avenue available to Collection Amins of Revenue Department has been taken away, therefore, petitioner’s claim for parity with Collection Amins of Revenue Department is misconceived. It was further held that under the applicable service rules, there is no channel of promotion available to petitioner, therefore, his claim for promotion to the post of Additional District Cooperative Officer/Cooperative Inspector Group-I is unsustainable. Impugned order further goes on to say that all monetary benefits including benefits ACP Scheme has been granted to petitioner.
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promotional avenue available to Kurk Amins before their induction into government service. He further submits that under the service rules framed for Kurk Amins of Cooperative Department in 2011, no channel of promotion was carved out and in the absence of any promotional avenue, petitioner’s claim for promotion to the post of Additional District Cooperative Officer/Cooperative Inspector Group-I is unsustainable.
(MANOJ KUMAR TIWARI, J.)
Pr
2 issues framed by the court
Whether petitioner has a vested right to promotion to Additional District Cooperative Officer post given service rules do not provide for such channel.
Whether the rejecting order regarding promotion of Kurk Amin to ADCO is sustainable in absence of promotional avenue under applicable rules.
1 provisions across 1 enactments
Bhagat Ram Uniyal
State of Uttarakhand
Manoj Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
