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2024 Supreme(UK) 391

MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Aruna Rani Mital – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Siddhartha Sah, learned counsel.
For the Respondent: Mr. Puran Singh Bisht, learned Additional Chief Standing Counsel, Dr. Kartikey Hari Gupta, learned counsel, Ms. Anjali Bhargava, learned counsel.

JUDGMENT :

Manoj Kumar Tiwari, J.

Petitioner was appointed as Lecturer (Political Science) in a government aided Post Graduate College, namely, Sri Guru Ram Rai PG College, Dehradun, and she joined duties as such on 15.11.1989. Petitioner was given designation of Associate Professor w.e.f. 01.01.2006. She completed age of superannuation on 09.10.2018. She is aggrieved by rejection of her claim for promotion as Professor under Career Advancement Scheme by the Director, Higher Education. The Director has held that petitioner was not in service on 11.11.2019, when Screening-cum-Selection Committee was constituted, therefore, she is not eligible for promotion.

2. By means of this writ petition, petitioner has sought the following reliefs:-

    “(i) To issue writ, order, rule or direction in the nature of certiorari to quash the letters of Director of Higher Education of Uttarakhand No. Degree-Arth/Ek-3-1(11)/3194/201-20 dated 20.08.2020 and No. Degree/Arth/EK-3-1(11)/5296/2020-21 dated 20.10.2020 (contained in Annexure Nos. 28 & 30 respectively.

(ii) To issue writ, order, rule or direction in the nature of mandamus directing the respondents 1 & 2 (Principal Secretary & Director of Higher Educat

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