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2016 DIGILAW 220 (UTT)

Umesh Chandra Tewari v. State of Uttarakhand

2016-05-16

K.M.JOSEPH, V.K.BIST

body2016
JUDGMENT : K.M. Jospeh, C.J. (Oral) Petitioner has approached this Court seeking the following relief: “(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to include 05 vacancies on the posts of Assistant Conservator of Forest in State Forest Service Cadre of the Recruitment Year 2015-16, in the DPC to be held on 16th May 2015 for making promotion on the post of Assistant Conservator of Forests.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is a member of Subordinate Forest Services, and is working as a Forest Range Officer. He is eligible to be considered for promotion in the State Forest Service Cadre on the post of Assistant Conservator of Forest. According to him, the D.P.C. for promotion to the post of Assistant Conservator of Forest is going to be held on 16.05.2016. This is for considering the candidatures of the eligible candidates against the vacancies of recruitment years 2010-11 to 2014-15. He relies on the Office Memorandums dated 23.06.2003 and 18.01.2006 to contend that they mandate that the Authorities are to send requisitions to the Commission every year of a vacancy, which has arisen during the recruitment year, including the resultant vacancy. 3. We heard Mr. Vinay Kumar, learned counsel for the petitioner and Mr. Pradeep Joshi, learned Standing Counsel for the State of Uttarakhand. 4. Admittedly, petitioner is at Serial No. 16 in the seniority list; 14 posts have been sent and 5 vacancies are there, which, according to the petitioner, are available for the recruitment year 2015-16, and if the same is considered in a single D.P.C., petitioner would get selection. 5. Mr. Pradeep Joshi, learned Standing Counsel would submit that upon receipt of A.C.R., the Government will forward the names to the Public Service Commission for holding the D.P.C. 6. In such circumstances, besides recording the submission of the learned Standing Counsel, we also direct the second respondent to forward all the vacancies due as per law for the recruitment year 2015-16 to the first respondent at the earliest and to make every attempt to send it within a period of six weeks’ from the date of production of a copy of this judgment and, thereafter, it is for the first respondent to take appropriate decision in the matter as per law. 7. The writ petition is, accordingly, disposed of.