G.S.SLNGHVI,J - (1.) WHETHER the Uttarakhand High Court could ordain promotion of Respondent 1, Umakant Joshi to the post of General Manager with effect from 16/11/1989 i.e. prior to formation of the State of Uttaranchal (now known as "the State of Uttarakhand") with the direction that he shall be considered for promotion to the higher posts with effect from the dates persons junior to him were promoted is the question which arises for consideration in these appeals, one of which has been filed by the State of Uttarakhand and the Director of Industries, Dehradun and the other two have been filed by Sudhir Chandra Nautiyal (hereinafter described as "Appellant 1") and Surendra Singh Rawat (hereinafter described as "Appellant 2") respectively, against the order dtd. 6/4/2010 passed by the Division Bench of that High Court in Writ Petition No. 324 of 2008.
(2.) ON being selected by the Uttar Pradesh Public Service Commission (for short "the Commission"), Appellant 1 was appointed to Class I post in the Industries Department of the Govt. of Uttar Pradesh with effect from 7/2/1994. After formation of the State of Uttaranchal, in terms of S. 3 of the Uttar Pradesh Reorganisation Act, 2000 (for short "the Act"), the Central Govt. issued an Order dtd. 20/12/2000 under S. 73 thereof and tentatively allotted Appellant 1 along with large number of other officers/employees of the State of Uttar Pradesh including Respondent 1 to the new State of Uttaranchal. They were finally allotted to the new State vide Order dtd. 17/5/2006. Appellant 1 was promoted as the Joint Director of Industries on ad hoc basis in the State of Uttarakhand with effect from 17/1/2004. He was regularly promoted on that post on 23/7/2007. After two years, he was promoted as the Additional Director, Industries. Appellant 2 was appointed in the Uttar Pradesh Industries (Subordinate) Service in 1979. He opted for Hill Sub-Cadre formed by the State of Uttar Pradesh in 1992. His name was included in the separate seniority list of the officers of that cadre and on formation of the State of Uttaranchal, he was treated as an employee of the new State. Appellant 2 was promoted to the Uttar Pradesh Industries Class I service in 1996. He was further promoted to the post of Deputy Director/General Manager (Grade I) with effect from 19/1/2004.
(3.) IN response to an advertisement issued by the Commission in 1981 for recruitment to Class II posts in the pay scales of Rs. 550-1200 and Rs. 450- 900, Respondent 1 applied for the post of Manager (Marketing) in the pay scale of Rs. 550-1200. He was selected by the Commission for that post but was offered appointment on the lower post of Manager, Handloom in the pay scale of Rs. 450-900.;