JUDGMENT

G. S. Singhvi, J.-Whether the Uttarakhand High Court could ordain promotion of respondent No.1 – Umakant Joshi to the post of General Manager with effect from 16.11.1989, i.e., prior to formation of the State of Uttaranchal (now known as the State of Uttarakhand) with the direction that he shall be considered for promotion to the higher posts with effect from the dates persons junior to him were promoted is the question which arises for consideration in these appeals, one of which has been filed by the State of Uttarakhand and the Director of Industries, Dehradun and the other two have been filed by Sudhir Chandra Nautiyal (hereinafter described as, ‘Appellant No.1’) and Surendra Singh Rawat (hereinafter described as, ‘Appellant No.2’) respectively against order dated 4.6.2010 passed by the Division Bench of that High Court in Writ Petition No.324 of 2008.

2. The service profile of Appellant No.1:

2.1 On being selected by the Uttar Pradesh Public Service Commission (for short, ‘the Commission’), appellant No.1 was appointed to Class-I post in the Industries Department of the Government of Uttar Pradesh with effect from 7.2.1994.

2.2 After formation of the State of Uttara