RAM SWAROOP SINGH RAWAT Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
Ram Swaroop Singh Rawat
State of Uttarakhand and others
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(1.) Heard learned counsel for the parties.
(2.) In the year 1967, the petitioner was appointed as Compounder in Medical Health Department. Later on nomenclature of the same was changed as Pharmacist. On 15.09.1988, the petitioner was promoted as Chief Pharmacist in the pay scale of Rs. 5,000-8,000/-. Thereafter, on 06.07.2000 the petitioner was further promoted as Officer In-charge (Pharmacy) in the pay scale of Rs. 6,500-10,500/-. On 01.03.2006, a Government Order was issued by which several posts were sanctioned in the Medical, Health and Family Welfare Department of Uttarakhand, including the post of Deputy Director (Pharmacy) in the pay scale of Rs. 10,000-15,200/-. The State Government vide G.O. dated 22.05.2008 directed the Director, Medical, Health and Family Welfare, Uttarakhand to send the proposal of eligible candidates for promotion to the post of Deputy Director (Pharmacy) within a period of one week. On 12.06.2008, the petitioner made a representation before the respondent no.2, requesting him to complete necessary formalities for his promotion. When no proposal was sent within a period of one week, as directed by the Secretary, Medical, Health and Family Welfare, Uttarakhand in her letter-dated 22.05.2008, the petitioner filed Writ Petition no.454 of 2008 (S/S) before this Court. The said writ petition was decided on 17.06.2008, and order was passed by issuing direction to the Director, Medical, Health and Family Welfare, Uttarakhand for sending the proposal to the Government within a period of one week. In pursuance of said direction issued by this Court, necessary proposal was sent and meeting of Departmental Promotion Committee was convened on 26.06.2008. The Departmental Promotion Committee recommended the name of the petitioner for promotion on the post of Deputy Director (Pharmacy) in the pay scale of Rs. 10,000-15,200/-. Inspite of the recommendation of the Departmental Promotion Committee held on 26.06.2008, no promotion order was passed. In the meantime, petitioner retired from service on 30.06.2008. Thereafter, on 02.08.2008 the petitioner filed representation before the respondent no.2 praying for grant of benefit of post retiral dues by giving him notional promotion on the post of Deputy Director (Pharmacy) from the date of recommendation. But when no action was taken by the respondent authorities on the representation of the petitioner, the petitioner filed Writ Petition No.843 of 2008 (S/S) before this Court, which was decided on 18.08.2008 by directing the Secretary, Medical, Health and Welfare, Uttarakhand to decide the representation of the petitioner dated 02.08.2008 within a period of three months. Thereafter, the respondent no.3 rejected the representation of the petitioner on 25.11.2008, stating therein that the promotion is always given with immediate effect and since the petitioner has retired from service and promotion is not a vested right of the petitioner, his claim for notional promotion is rejected. Against the said order, present writ petition has been filed by the petitioner.
(3.) The respondent no.3 filed counter affidavit. In the counter affidavit, the respondent no.3 came up with the case that after the meeting of Departmental Promotion Committee, the matter was referred for approval to the Minister concerned and before any approval could be granted, the petitioner retired from service on 30.06.2008. It is also contended in the counter affidavit that after the order of the High Court dated 18.08.2008, advice from the concerned department regarding giving notional promotion to the petitioner was taken and as per the advice of the concerned department from the government level, it was found that promotion is not a vested right of the petitioner, therefore, the petitioner cannot be given notional promotion.;
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