Retrospective promotion cannot be granted to an employee from a date when the employee was not borne in the cadre. Sub-rule (3) of Rule 8 of the 2002 Rules was found inapplicable to determine the inter-se seniority between the petitioners and the private respondents.

JUDGMENT :

Sri S.K. Mishra, J.

By filing this Writ Petition, the petitioners have prayed for the following reliefs :-

“a) Issue a writ, order or directions in the nature of certiorari quashing and setting aside the order dated 05.05.2021 bearing no. 1546/1-12 as well as order dated 05-05-2021 bearing even no.60, passed by the Respondent no.2, annexed as Annexure no.1 and 2, respectively, to the Writ Petition.

b) Pass any suitable order or direction of any nature which this Hon’ble Court may deem fit and proper in the present circumstance of the case.

c) Award the cost of the Writ Petition.

d) Issue a writ, order or direction in the nature of the certiorari, quashing order dated 3.06.2021, bearing even number 1661, passed by respondent no.2, annexed as annexure 15 to writ petition.”

2. Facts of the case may be stated, briefly, as follows :-

3. On 10.07.2014, pursuant to the advertisement dated 03.03.2012, the petitioners were selected on the post of Forest Rangers through Public Service Commission and became part of the cadre. On 09.10.2015, a final seniority list of the Forest Rangers was notified, who were in the cadre of service as on 01.07.2015 i.e. till the end of the selection year 2014-15, and the names of the petitioners figured from Serial No. 151 to 199 (it appears at Page No. 46 of the Writ Petition, as Annexure No. 7). An examination of the said document reveals that the private respondent nos. 3 to 17 were not a part of the seniority list.

4. On 28.10.2015, the private respondents were promoted to the post of Forest Rangers, as per the recommendations of the DPC dated 03.09.2015, in consultation with the Public Service Commission. Thus, they took birth in the cadre of the Forest Rangers in the State of Uttarakhand with effect from 28.10.2015. On 13.10.2016, the final seniority list of the Forest Rangers in the State was again published. The petitioners were placed at Serial Nos. 126 to 177, while the private respondents, who have been promoted on 28.10.2015, were placed at Serial Nos. 178 to 202, vide Annexure No. 9. Thereafter, after three successive years, the final seniority list has been prepared, wherein the petitioners were treated as senior to the private respondents. The same is given in a tabulated chart as follows :-

5. Thus, from the day the private respondents were borne in the cadre, i.e. on 28.10.2015, they have been shown as juniors to the petitioners. On 01.07.2020, a tentative seniority list was promulgated, wherein the petitioners were placed at Serial Nos. 38 to 89, and the private respondents were placed at Serial Nos. 90 to 107.

6. Thereafter, objections were invited and, for the first time, the private respondents raised objections to the said seniority list. Then, on 15.10.2020, another seniority list was issued, and the settled seniority list, which was holding field for about five years, was disturbed and a cyclic roster was prepared in purported exercise of sub-rule (3) of Rule 8 of the Uttaranchal Government Servants Seniority Rules, 2002 (hereinafter referred to as the “2002 Rules”, for brevity). However, after taking into consideration the objections raised by the present petitioners, and taking into consideration the Service Rules and the Government Servants Seniority Rules, vide order dated 31.10.2020, the list and order dated 15.10.2020 was cancelled.

7. On 25.11.2020, the private respondents, aggrieved by the order dated 31.10.2020, preferred Writ Petition (S/B) No. 361 of 2020 before this Court seeking its quashing, as well as to treat their promotion with effect from 01.07.2014, and to fix thei