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2016 DIGILAW 206 (UTT)

Kundan Singh Bhakuni v. State of Uttarakhand

2016-05-06

K.M.JOSEPH, V.K.BIST

body2016
JUDGMENT : K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “I. Issue a writ, order or direction in the nature of Mandamus, commanding the respondent no. 2 to grant benefits of notional promotion to the petitioner to the post of Principal, Government Intermediate College w.e.f. 29-12-2006 i.e. the date when junior to the petitioner in initial cadre, was promoted to the post of Principal, Government Intermediate College, with all consequential benefits. II. OR- Issue a writ, order or direction in the nature of Mandamus, commanding the respondents to re-fix the seniority of the petitioner in Subordinate Gazetted cadre post (Head Master) w.e.f. 15-07-2000, pursuant of the order of the department dated 17-06-2013, contained in Annexure-5 to this petition, and grant him notional promotion to the post of Principal, Government Intermediate college w.e.f. 29-12-2006 i.e. the date when junior to the petitioner was promoted to the post of Principal, Government Intermediate College, with all consequential benefits. III. Issue a writ, order or direction in the nature of Mandamus, commanding the respondent nos. 1 and 2 to pay any other service benefits to the petitioner to which he is legally entitled, in the facts and circumstances of the case.” 2. Briefly put, the case of the petitioner is as follows: Petitioner was appointed in the year 1974 as Head Master in LT Pay Scale in a private junior high school, which was taken over by the Government of U.P. in the year 1976. He was reappointed in CT Grade. Petitioner filed a writ petition in the Allahabad High Court, which was allowed on 15.05.1999 and he was given LT Grade w.e.f. 08.07.1976. Juniors to the petitioner were promoted in the year 2000; petitioner was promoted in the year 2004 as Head Master, Government High School. Petitioner filed a writ petition in regard to his claim for earlier promotion as Head Master; that writ petition was allowed on 19.09.2012 and he was given notional promotion w.e.f. 15.07.2000. Petitioner filed a representation seeking notional promotion to the post of Principal, Government Inter College w.e.f. 29.12.2006 vide representation dated 06.07.2013. He also filed a writ petition. That writ petition was disposed of on 30.12.2013 leaving it open to pursue the representation. Petitioner submitted representations dated 16.04.2014 and 21.07.2014 to grant the benefit of notional promotion in the post of Principal, Government Inter College. He also filed a writ petition. That writ petition was disposed of on 30.12.2013 leaving it open to pursue the representation. Petitioner submitted representations dated 16.04.2014 and 21.07.2014 to grant the benefit of notional promotion in the post of Principal, Government Inter College. It is the case of the petitioner that on 02.12.2014 and 28.08.2015, the Under Secretary of the Government wrote to the Director to take appropriate decision in the case of the petitioner. Petitioner filed again a representation on 20.04.2015 and the Under Secretary wrote a letter dated 21.01.2016 to the Director of Secondary Education, Uttarakhand, and not eliciting response as desired, petitioner is before us. 3. We heard Mr. C.D. Bahuguna, learned Senior Counsel for the petitioner and Sri Anil Kumar Joshi, Additional Chief Standing Counsel for the State. 4. After hearing the learned counsel for the parties, we are of the view that a decision must be taken on the representation of the petitioner, who has retired, no doubt, in the year 2008 in regard to his claim for notional promotion for the post of Principal in accordance with law. His case, apparently, is that he is entitled to promotion from the date on which his juniors were promoted in the said post. 5. In the circumstances of the case, we dispose of the writ petition as follows: Respondent no. 1 is directed to consider and take a decision on Annexure 14 representation, in accordance with law, within a period of two months from the date of production of a certified copy of this judgment.