- (1.) HEARD Sri C. D. Bahuguna, counsel for the petitioner and Standing Counsel for the respondents.
(2.) THE present writ petition has been preferred seeking a writ in the nature of Certiorari, quashing the order dated 28-02-2005 contained in annexure-3 to the writ petition. THE pe titioner has also claimed notional pro motion on the post of Forester w. e. f. 25-05-1976 with all consequential benefits of promotion. Briefly stated, the petitioner was directly appointed on the post of Plan tation Zamadar, a class-III post, on 28-09-1965 and was posted in the Soil Conservation Division, Ranikhet, whereas one Shri Uttam Singh Nayal was initially appointed in the same di vision, namely, Soil Conservation Divi sion, Ranikhet, on the post of Mali, a class-IV post, as on 10-07-1964 but he was promoted to the post of Plantation Zamadar, a class-III post, on temporary basis in the same forest division as on 09-08-1967 i. e. after about two years from the date of appointment of the pe titioner. According to the petitioner he was much senior to Shri Uttam Singh Nayal so far as appointment on the post of Plantation Zamadar is concerned. According to the petitioner, despite be ing much senior to Shri Uttam Singh Nayal, he was not confirmed on the post of Plantation Zamadar for a number of years but Shri Uttam Singh Nayal even being much junior to the petitioner, was confirmed on the post of Plantation Zamadar in the year 1976 after his transfer to the East Almora Forest Divi sion, and he was provided confirmation to the post of Plantation Zamadar ret rospectively w. e. f. 01-04-1973 and thereafter Shri Uttam Singh Nayal was further promoted to the post of Forester as on 25-05-1976. The petitioner has submitted that it was sheer high handedness on the part of the departmental authorities that the petitioner who had put about 12 years service on the post of Plantation Zamadar till the year 1976 was not con firmed on that post and rather a junior person, namely, Shri Uttam Singh Nayal who had rendered less period of service on the post of Plantation Zamadar was confirmed on the post of Plantation Zamadar in the year 1976 with sole view to provide accelerated promotion to Shri Uttam Singh Nayal to the post of Forester.
(3.) ACCORDING to the petitioner, after repeated requests made to the depart mental authorities, the petitioner could be confirmed on the post of Plantation Zamadar as late as in the year 1984 whereas he was entitled for being con firmed on the post of Plantation earlier to his junior colleague in the year 1976 itself. The petitioner was not granted ret rospective confirmation on the post of Plantation Zamadar w. e. f. 01-04-1973 in the same manner as the junior person Shri Uttam Singh Nayal, had been granted confirmation on the post of Plantation Zamadar retrospectively w. e. f. 01 -04-1973. The petitioner filed a writ petition no. 4493 (S/s) of 2001 in this Court seeking a writ of mandamus to com mand the respondents to promote the petitioner to the post of Forester w. e. f. the date when junior to him has been promoted; and grant him all consequen tial benefits of service. During the pendency of the writ petition the peti tioner was retired on reaching superan nuation in the year 2002. The writ peti tion finally disposed of by this Hon'ble Court by judgment and order dated 21-06-2004, with the direction to the re spondents to consider the case of the petitioner for grant of notional promotion in case any junior to the petitioner has been promoted to the post of For ester. In compliance of the judgment and order of this Hon'ble Court dated 21-06-2004, the respondent no. 2 de cided the case of the petitioner but re jected the claim of the petitioner for no tional promotion to the post of Forester by the order dated 28-02-2005, against which order the present petition has been filed.;