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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI
Vivek Negi – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. three years' qualifying service required for promotion. (Para 1 , 2 , 3) |
| 2. seniority from feeding cadre governs promotion. (Para 4 , 10) |
| 3. eligibility distinct from inter se seniority. (Para 5 , 6) |
| 4. statutory rules override executive instructions. (Para 7 , 8 , 9) |
| 5. no judicial interference in lawful dpc decision. (Para 11 , 12) |
JUDGMENT :
Manoj Kumar Tiwari, J.
Petitioner was given compassionate appointment as Junior Assistant in Directorate of Treasury and Finance Services, vide order dated 11.02.2013. He is aggrieved by the promotion granted to respondent no. 3 to the post of Administrative Officer on the recommendation of Departmental Promotion Committee convened on 11.10.2023. The relief sought in the writ petition are as follows:-
“I. Issue a Writ, rule, order or direction in the nature of certirorified mandamus to declare the action of the respondents for not granting the benefit of promotion to the petitioner on the post of Administrative Officer, Pay Band-7 w.e.f. 12.10.2023 on the basis of recommendations of the DPC dated 11.10.2023 as contained in (Annexure No. 1 and 2 to this petition) by which the DPC erred in saying that since the private respondent is
Eligibility for promotion is distinct from seniority; mandatory qualifying service on feeder post must be completed, irrespective of overall cadre seniority or transfer conditions placing employee ju....
Promotion seniority is determined by Annual Confidential Reports, not merely by prior position, emphasizing non-arbitrariness in promotion decisions based on performance evaluations.
Promotion criteria based on a transparent policy involving seniority, qualifications, and work record, rather than solely on seniority-cum-merit.
Rules for promotion as Senior Assistant - Qualification - Promotion as Senior Assistant - Act of Departmental Promotion Committee of respondent-department, convened, of not recommending petitioner fo....
Seniority and promotion are to be determined based on the actual date of appointment, and a deemed date cannot be given for the period the candidate was not born in the service.
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