- (1.) Leave granted.
(2.) This appeal by special leave seeks to challenge the judgment and order dated 9.8.2012 rendered by a Division Bench of the Uttarakhand High Court dismissing Writ Petition (S/B) No.153 of 2012. That writ petition was filed by the appellant herein seeking to challenge the appointment of respondent No.4 herein to the post of Managing Director of the Uttarakhand Peyjal Sanshadhan Vikas Avam Nirman Nigam ("Nigam" for short). There were various prayers in the writ petition. Prayer (A) was to call for the record of the selection proceedings and recommendations of the Selection Committee constituted on 2.5.2012 by the Government of Uttarakhand for selection to the post of Managing Director and after examining the legality and validity of selection process, recommendations to quash these recommendations. Prayer (B) challenged repatriation of the appellant to the post of Chief Engineer which was his substantive post from his officiating position of Managing Director. Prayer (C) essentially sought consideration of the appellant for the post of Managing Director, if found fit for the said post.
(3.) The facts leading to this appeal are this wise - The appellant as well as respondent No.4 both joined as Assistant Engineers in the Respondent No.2 Nigam. The appellant joined sometimes in 1984 whereas respondent No.4 joined in 1977. Over the years, they have risen in rank and the appellant, who belongs to a Scheduled Caste, became Superintending Engineer on 4.7.2002 whereas respondent No.4 came to that position on 2.7.2008. Subsequently the appellant became Chief Engineer on 8.2.2005 which post he is presently continuing to occupy. As far as respondent No.4 is concerned, he came in that position on 20.1.2011. He could become Managing Director on 3.5.2012 pursuant to the Departmental Promotion Committee's decision. The appellant was officiating as the Managing Director at the relevant time, he was amongst the officers who were considered for promotion and it is his case that he deserved to be selected and not the respondent No.4.;