J P TRIPATHI Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
J.P. TRIPATHI S/O SRI GIRIRAJ PRASAD TRIPATHI
STATE OF UTTARAKHAND
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(1.) The petitioner was appointed as a Junior Clerk in
the year 1965 in the Department of Animal Husbandry
in the erstwhile State of U.P. The appointment was
made through direct recruitment as per the provisions
of U.P. Animal Husbandry Clerical Rules, 1981
(hereinafter referred to as the Rules of 1981). The
petitioner was promoted to the post of Senior Clerk and,
thereafter, to the post of Head Clerk. As per the
seniority list, which is not in dispute, one Mr. M.M.
Tiwari was the seniormost in the clerical cadre. The
petitioner was the next seniormost and at serial No. 3,
one Mr. B.S. Sajwan.
(2.) The post of Accountant is required to be filled up
by way of promotion from the clerical cadre as per Rule
4 of the Rules of 1981. Rule 18 provides that the
Selection Committee will promote the seniormost
person in the clerical cadre subject to the rejection of
(3.) It transpires that respondents promoted Mr. B.S.
Sajwan w.e.f. 9th
May, 1997 even though Mr. B.S.
Sajwan was junior to the petitioner and Mr. M.M.
Tiwari. Mr. M.M. Tiwari, being aggrieved by the
promotion, filed a writ petition before the Allahabad
High Court which was disposed of directing the
respondents to decide the representation of Mr. M.M.
Tiwari. The representation of Mr. M.M. Tiwari was
decided and the appointment of Mr. B.S. Sajwan was
cancelled. Sri B.S. Sajwan preferred a writ petition in
which an interim order was granted. Sri M.M. Tiwari
also filed a writ petition and, upon the creation of the
State of Uttarakhand, both the writ petitions were
transferred to the Uttarakhand High Court. The
Uttarakhand High Court remitted the matter to the
Public Service Tribunal for its disposal. In the
meanwhile, Sri M.M. Tiwari as well as Sri B.S. Sajwan
retired from service and, consequently, the Tribunal
issued an order dated 12th
March, 2007 holding that Sri
M.M. Tiwari should be given notional promotion w.e.f.
May, 1997, i.e. the date when Sri B.S. Sajwan was
promoted with all consequential benefits. The Tribunal
was of the opinion that the Government Order dated 11
August, 1983 cannot be relied upon by the Department
since the eligibility criteria mentioned therein was
against the eligibility criteria mentioned in the Rules of
1981. It has come on record that the order of the
Tribunal dated 12th
March, 2007 has become final and
has been implemented by the respondents. Sri M.M.
Tiwari was given notional promotion with all
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