IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Writ Petition (S/B) No.85 of 2025 Birendra Singh Nabiyal and others --Petitioners Versus State of Uttarakhand and others --Respondents Judgment reserved on 15.07.2025 Judgment delivered on 30.07.2025 ----------------------------------------------------------------------

Presence:-

Mr. Imraj Singh Rautela, learned counsel for the petitioners.

Mr. P.C. Bisht, learned Addl. C.S.C. for the State.

JUDGMENT : (per Mr. Alok Mahra, J.

Heard learned Counsel for the petitioners and learned Addl. C.S.C. for the State.

2. Briefly put, the case of the petitioners is as follows:

According to the petitioners, petitioner no.1 was initially appointed on the post of Lekha Parishakh (Auditor) on 27.04.1998 and later promoted to the post of Senior Auditor, on 29.10.2005; that, petitioner nos. 2 & 3 were initially appointed on the post of Lekha Parishakh (Auditor) on 19.06.1995 and later promoted to the post of Senior Auditor in the year 2004; and again, petitioners were promoted to the post of Assistant Audit Officer on 30.06.2014 and joined their services as Assistant Audit Officer on 30.06.2014; that, subsequently on 29.01.2021, the petitioners were promoted on the post of Sahayak Nideshak/Lekha Parikshak Adhikari on the Grade Pay ₹5400/-, Level-10; that, in year 2022, one Dinesh Chandra Pandey filed a Claim Petition No.13/NB/DB.2022 before the Uttarakhand Public Services Tribunal claiming that the seniority should be counted from the date of posting of the order of promotion and not from the date of joining; that learned Tribunal vide order dated 14.08.2023 disposed of the Claim Petition and directed that a review DPC be conducted for considering the promotion of the petitioner (Dinesh Chandra Pandey) to the post of Audit Officer from the date his juniors have been promoted and, if he is found fit, he be promoted from the date on which his juniors have been promoted with salary and all other consequential benefits; that, on 18.03.2025, an order was passed by Secretary, Finance, Government of Uttarakhand, whereby respondent nos.4 & 5 were promoted to the post of Sahayak Nideshak/Lekha Parikshak Adhikari; that, thereafter, on 19.03.2025, an order came to be passed by Director, Lekha Pariksha (Audit), Uttarakhand (respondent no.3), whereby petitioners were informed that they have been reverted from the post of Sahayak Nideshak/Lekha Parikshak Adhikari on a Grade Pay ₹5400/--Level-10 to Sahayak Lekha Parikshak Adhikari on a Grade Pay ₹4800/-Level-8. Thus, feeling aggrieved, petitioners have approached this Court, seeking the following reliefs:-

“i. Issue a writ, order or directions in the nature of certiorari quashing the order dated 19.03.2025 passed by respondent no.3 which is annexed as Annexure no.1.

ii. Issue a writ, order or directions in the nature of certiorari quashing the order dated 18.03.2025 passed by respondent no.1 which is annexed as Annexure no.7.

iii. Issue a writ, order or directions in the nature of mandamus directing the respondent authority to reinstate the petitioners back to the post of Sahayak Nideshak/Lekha Parikshak Adhikari on a Grade pay 5400/- Level-10 along with all other consequential benefits.”

3. Learned counsel for the petitioners submits that there was no direction to revert the petitioners and the only direction issued by learned Tribunal was that a review DPC be conducted for considering the promotion of Shri Dinesh Chandra Pandey to the post of Audit Officer from the date his juniors have been promoted and, if he is found fit, he will also be granted promotion from the date on which his juniors was granted promotion; that, the present petitioners were granted promotion on the recommendation of the duly constituted Departmental Promotion Committee by the concerned department and the impugned order has been passed in violation of principles of natural justice, as no show cause notice was issued