PRAKASH CHANDRA PANDEY Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-1-4
HIGH COURT OF UTTARAKHAND
Decided on January 04,2013

PRAKASH CHANDRA PANDEY Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) BY means of this writ petition, the petitioner has sought following relief:- i) To issue a writ, order or direction in the nature of mandamus to declare the petitioner eligible for promotion to the post of Transport Tax Officer-1 (Passenger Tax Officer) in terms of Rule 5 (1)(ii)(a), of the relevant Recruitment Rules. ii) To issue a writ, order or direction in the nature of mandamus declaring the act of respondent no.3 in treating the petitioner as ineligible for promotion to the post Transport Tax Officer-1 (Passenger Tax Officer) as arbitrary and illegal. iii) To issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to consider the petitioner's claim for promotion to the post of Transport Tax Officer-1 (Passenger Tax Officer) simultaneously with the promotion exercise from the cadre of Administrative Officer-2 serving in the Transport Commissioner's Office. iv) To issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to promote the petitioner to the post of Transport Tax Officer-1 (Passenger Tax Officer) from due date, when persons serving in other feeder posts were promoted, with all consequential benefits. v) To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. vi) To award the cost of the petition in favour of the petitioner.
(2.) THE grievance of the petitioner is that he is working as a Transport Tax Officer (Grade-2) and he is eligible for promotion to Transport Tax Officer (Grade-1) in terms of Rule 5 (1)(ii)(a) of U.P. Transport Taxation (Subordinate) Service Rules, 1980. According to the petitioner, the eligibility criteria is that a person should have completed 5 years continuous service on the post of Transport Tax Officer (Grade-2), as a permanent employee. According to the petitioner vide letter dated 18.10.2011, an eligibility list has been sent to the Uttarakhand Public Service Commission/respondent no.3 by the Transport Commissioner. In reply to which, respondent no.3 wrote a letter dated 24.11.2011 to the Transport Commissioner indicating that the petitioner is not eligible since he has not completed 5 years continuous service on the post of Transport Tax Officer (Grade-2), as has been shown in the eligibility list, and that he has only served two years and five months service therefore it is not possible to include the petitioner in eligibility list for promotional exercise. In reply thereto, the Transport Commissioner sent a letter on 7.4.2012 indicating that the length of service of petitioner be counted from 2001-02. Thereafter another letter was sent to Transport Commissioner by the respondent no.3 stating that the petitioner has not been given notional promotion since 2001 on the post of Transport Tax Officer (Grade-2) and the date of substantive appointment is 30.1.2009. Therefore, the 5 year service as per Rule 5 (1)(ii)(a) be counted from the date when the petitioner was appointed on substantive post in substantive capacity on Transport Tax Officer (Grade-2) and further asked the department to sent a revised eligibility list.
(3.) LEARNED counsel for the respondent no.3- Commission has contended that no such list has been received as yet, therefore, promotional exercise of the petitioner as well as other officers could not be undertaken.;


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