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MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Vineet Rastogi – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Manoj Kumar Tiwari, J.
Petitioner is serving as Officiating Executive Engineer in District Level Development Authority, Uttarkashi. Pursuant to order dated 09.01.2024, passed by Uttarakhand Public Services Tribunal, Dehradun in Claim Petition No. 04/SB/2024, Additional Secretary, Housing Department, Government of Uttarakhand decided petitioner’s representation dated 24.01.2024 and rejected his claim for notional promotion against degree holder quota post of Assistant Engineer of Selection Year 2011-2012. Thus, feeling aggrieved, petitioner has filed this writ petition seeking following reliefs:-
II. To issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to grant seniority to the petitioner in the proposed Review DPC w.e.f. 2011-12 and to grant notional promotion to the petitioner on the vacant post of Assistant Engineer before 2018 i.e. 2011-12.”
2. In his representation, petitioner submitted that one Mr. Girish Chandra Bhatt was promote
Notional promotion claims require a junior's promotion to be ignored; seniority and timing of validation examinations are critical in determining eligibility.
A retired employee is not entitled to notional promotion if no formal recommendation for promotion was made prior to retirement.
Temporary work arrangements or in-charge positions do not confer the right to claim promotion on par with juniors, and regular promotions should be granted following the rules and procedures.
Courts cannot direct rule-making authority to amend rules or issue clarificatory orders, as it is a legislative function; ambiguity in promotion eligibility rules to be resolved by executive.
Promotion eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
The determination of seniority and promotions based on seniority rather than quota allocation.
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