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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI
Vivek Negi – Appellant
Versus
State of Uttarakhand – Respondent
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 senior in Head Assistant Cadre is unjust, arbitrary, irrational and contrary to law. And, to quash the same along with its effect and operation also after calling entire records from the respondents or to mould the relief appropriately by safeguarding the interest of the petitioner keeping in view the facts highlighted in the body of the petition.
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 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.
Promotion seniority should not be altered based on delays in qualification if it complies with probation rules, affirming the importance of adhering to original seniority assignments.
There is no explanation as to why the petition could not be filed by petitioner, within the period of limitation, as prescribed under Section 21 of the Administrative Tribunal’s Act.
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.
The principle of seniority-cum-merit was applied, and the court emphasized the requirement to offer promotion based on seniority after crossing the minimum threshold marks.
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