I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON’BLE MR. MANOJ KUMAR TIWARI, J.

HON’BLE MR. ASHISH NAITHANI, J WRI T PETI TI ON (S/ B) No.342 of 2021 State of Uttarakhand & others …Petitioners Versus Shri Ajay Kumar …Respondent Counsel for the State/petitioner : Mr. G.S. Negi, learned DAG.

Counsel for respondent Mr. Mukesh Kumar Kaparuwan, learned counsel.

JUDGMENT : (PER HON’BLE MR. MANOJ KUMAR TIWARI. J)

State has challenged judgment dated

31.03.2021 passed by Uttarakhand Public Services Tribunal, Dehradun in claim petition no.46/DB/2020. By the said judgment, claim petition filed by respondent seeking promotion notionally with effect from 02.12.2011, i.e. the date when juniors to him were promoted as Senior Assistant was partly allowed and competent authority was directed to promote the respondent notionally from 21.09.2015. Paragraphs 10, 11 and 12 of the impugned judgment are reproduced below:-

“10. The petitioner cannot be given notional promotion from the date of promotion of his juniors i.e. 02.12.2011 as the 'censure entry' awarded to the petitioner on 21.09.2010 will figure in the five years' service record preceding this date and render him unfit for promotion from this date. His notional promotion can only be considered after the period of five years.

11. The petitioner deserves to be considered for promotion to the post of Senior Assistant w.e.f. 21.09.2015 notionally with all related service benefits. He also deserves to be considered for further promotions to the posts of Pradhan Sahayak and Administrative Officer subsequently in accordance with the relevant Service Rules, as his juniors have been promoted to these posts. Uttarakhand Rajyadheen Sewaon Ke Antargat Lipik Vargeeya Sanvarg Ke Padon Par Paddonatti Hetu Patrata Avadhi Ka Nirdharan (Sanshodhan) Niyamawali, 2015 (annexure 3 to Supplementary C.A.), prescribes that for promotion to the post of Pradhan Sahayak, minimum three years of service as Senior Assistant and at least 10 years of service on subordinate posts is required. Some of the petitioner's juniors got promoted to this post on 23.10.2015. From the post of Senior Assistant, he can be considered for promotion to the post of Pradhan Sahayak only on 21.09.2018 (after three years of deemed working as Senior Assistant), but this period of three years can be suitably relaxed by the Government as similar relaxations have been granted to some other persons junior to the petitioner for considering their promotion. After the petitioner is promoted as Pradhan Sahayak, he can be further considered for promotion to the post of Administrative Officer after minimum three years of service as Pradhan Sahayak according to the above Niyamawali of 2015.

12. On the basis of the above analysis, we hold that the petitioner is entitled to be considered for notional promotion to the post of Senior Assistant w.e.f. 21.09.2015 with all related service benefits and further promotions as detailed above. The respondents are directed to convene a Departmental Promotion Committee (DPC) to consider the promotions of the petitioner as above, within a period of two months from the date of presentation of certified copy of this order. No order as to costs.

2. Learned State Counsel appearing for the petitioner submits that respondent was appointed as Junior Assistant in Commercial Tax Department on 03.01.2006, and next promotional post available to him was Senior Assistant, however, before he could complete qualifying service necessary for promotion, punishment of censure and stoppage of one increment without cumulative effect was imposed upon respondent vide order dated

21.09.2010, for some misconduct, committed by him.

3. Learned State Counsel submits that respondent unsuccessfully challenged punishment order dated 21.09.2010 in departmental appeal, and thereafter, he filed claim petition before Uttarakhand Public Service Tribunal, challenging the punishment order and also the order passed by Appellate Authority. He further submits tha