RAJESH TANDON, J. - (1.) HEARD Sri B.S. Khanka, learned Counsel for the petitioner and Sri B.D. Kandpal, learned Standing Counsel
(2.) BY means of this writ petition, the petitioner has prayed for the issue of a writ, order or direction in the nature of mandamus commanding the respondents to give charge/joining to the petitioner on the post of Kanungo/Revenue Inspector according to the promotion order dated 1/2.9.2003. Brief facts giving rise to the writ petition are that the petitioner is a Senior Patwari and belongs to Schedule Caste category in the District Almora but, he was not promoted for the post of Revenue Inspector/Kanungo. Therefore, he has filed an appeal before the Commissioner, Kumaon Mandal, Nainital on 5th June, 2003. The petitioner has prayed in the appeal that he may be promoted as his juniors (Schedule Caste) have been promoted. It was stated that in the final seniority list the number of the petitioners were 125 and for the promotion 18% reservation was given to the Schedule Caste candidates. The petitioner, therefore, is entitled for the promotion.
(3.) ON appeal filed by the petitioner a fresh seniority list was prepared, vide order dated lst/2nd September, 2003 passed by the District Magistrate, Almora.;