Kailash Chandra Arya vs State of Uttarakhand and Others

Nirmal Yadav, J.—Heard learned Counsel for the parties.

The Petitioner was appointed as Accounts Clerk cum Cashier on 18.12.1987. He was promoted to the post of Deputy Cashier in the month of October 1991, thereafter, he was further promoted to the post of Accountant on 12.10.2004. The Petitioner represented before the authorities that he should have been given the promotion with effect from the date of 22.06.2004. Accordingly the date of promotion of the Petitioner was corrected vide order dated 29.12.2006 by the Departmental Promotional Committee (Annexure-2 to the writ petition), however, till date the amended seniority list has not been circulated. The Treasury Officer, Accounts vide letter dated 23rd February 2006 recommended the case of the Petitioner to the Director, Treasury and Finance State of Uttarakhand for correcting the date of promotion of the Petitioner with effect from 22nd June 2004 but no action has been taken till date.

The Respondents ignoring the seniority of the Petitioner promoted one Prem Ram as Assistant Treasury Officer (Cash) vide letter dated 22nd October 2007. Learned Counsel for the Petitioner submitted that Prem Ram was junior to the Petitioner, thus he is entitled to be promoted on the post of Assistant Treasury Officer (Cash) at least from the date when Prem Ram is promoted.

In the counter affidavit filed by the State, the Respondents have stated that Prem Ram has been promoted to as he was at Sl. No. 21 of the seniority list though he was promoted as Accountant vide letter dated 14th July 2004.

Learned Counsel for the Petitioner contended that the Petitioner submitted representation dated 22nd February 2010 (Annexure-5) before the Director Treasury & Finance Services Uttarakhand regarding his grievance but till date representation has not been decided.

Taking into consideration the above facts and circumstances of the case Respondent No. 2 is directed to decide the representation dated 22nd February 2010 (Annexure-5) of the Petitioner, keeping in mind the seniority of the Petitioner vis-a-vis other persons who have been promoted as Assistant Treasury Officer within two months from the date of submitting of certified copy of this order.

The writ petition is disposed of in the above terms.