HI GH COURT OF UTTARAKHAND AT NAI NI TAL

Writ Petition Service Bench No. 258 of 2021

11 August, 2025

UJVN Limited & another --Petitioners

Versus

Sunil Thakur & others --Respondents

With

Writ Petition Service Bench No. 54 of 2021

11 August, 2025

Girish Kumar --Petitioner

Versus

State of Uttarakhand & others --Respondents -------------------------------------------------------------------

Presence:-

Mr. Vinay Kumar, Advocate for the petitioners in WPSB No. 258 of 2021 and Mr. Yashpal Singh, Advocate, holding brief of Mr. Neeraj Garg,

Advocate for petitioner in WPSB No. 54 of 2021

Mr. K.N. Joshi, Deputy Advocate General with Mr. Sushil Vashistha,

Standing Counsel for the State of Uttarakhand.

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JUDGMENT

Petitioners have challenged judgment dated

24.12.2020 rendered by Uttarakhand Public Services Tribunal, Dehradun in Claim Petition No. 33/DB/2019. Since the same judgment is under challenge in both the writ petitions and grounds are also the same, therefore both the petitions are being heard and decided together

by this common judgment. However, for the sake of brevity, facts of Writ Petition (S/B) No. 258 of 2021 alone are being considered and discussed here.

2. Mr. Sunil Thakur (respondent no. 1 herein) was appointed as Labourer, Category P-I in Uttarakhand Jal Vidyut Nigam Limited w.e.f. 15.07.2008; while Mr. Girish Kumar (respondent no. 2) was appointed as such w.e.f. 06.10.2006. The next promotional post available to both was Oiler/skilled labourer in Category P-2, and Mr. Sunil Thakur (respondent no. 1) was promoted to the said post vide order dated 05.07.2014 by giving benefit of relaxation in qualifying service; while, Mr. Girish Kumar (respondent no. 2), who was not given benefit of such relaxation, was so promoted w.e.f. 30.06.2015.

3. Thereafter, promotion exercise was again initiated pursuant to office communication dated 06.08.2018 for supplying vacancies in TG-II category during selection year 2018-19. Mr. Girish Kumar (respondent no. 2) was promoted as P-4 on 08.03.2019. In that promotion exercise, Mr. Sunil Thakur (respondent no. 1) was removed from the eligibility list vide order dated 10.10.2018, passed by Executive Engineer, on the ground that since he was given benefit of relaxation in qualifying service earlier, therefore, he cannot be given that benefit again. The said order was communicated to Mr. Sunil Thakur (respondent no. 1) on 01.12.2018.

4. Mr. Sunil Thakur approached Uttarakhand Public Services Tribunal, seeking a direction to promote him to the post of P-4 from the date when Mr. Girish Kumar (respondent no. 5 in claim petition) was promoted. Learned Tribunal allowed the claim petition.

5. Thus, feeling aggrieved, Mr. Girish Kumar as well as the employer (Uttarakhand Jal Vidyut Nigam Limited) has approached this Court.

6. Learned counsel for petitioner submits that Mr. Sunil Thakur did not challenge the order dated 10.10.2018, passed by Executive Engineer, whereby his name was removed from the eligibility list on the ground that he cannot be given benefit of relaxation in qualifying service, twice. Learned counsel for the petitioner submits that Mr. Girish Kumar (respondent no. 2) is senior as he was appointed earlier in point of time as Labourer. He points out that Mr. Girish Kumar was appointed as Labourer on 06.10.2006; while Mr. Sunil Thakur (respondent no. 1) was appointed as Labourer on 15.07.2008. He further submits that Mr. Sunil Thakur was given benefit of relaxation in qualifying service for promotion to the post of Oiler, Category-P3, therefore, he could not be given relaxation again for promotion to next higher post. He submits that since Mr. Girish Kumar was not given benefit of relaxation in qualifying service earlier, therefore, he was given relaxation in the exercise held for promotion to the post of P-4.

7. He submits that since an express order was passed against Mr. Sunil Thakur (respondent no. 1) for removing him from the field of eligibili