COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 7173/2001 Ganesh Dutt Tiwari …….Petitioner Versus State of Uttaranchal through Secretary, Revenue Department, Dehradun & Others ……Respondents Sri M.C. Kandpal, learned Sr. Advocate assisted by Sri S.S. Chaudhary, learned Counsel for the petitioner. Sri H.M. Raturi, learned Standing Counsel for the respondents. 28th April, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioner has prayed for a writ of mandamus commanding the respondents to promote the petitioner on the Class III post. 2. Petitioner is a Class IV employee. Petitioner was employed in district Almora. In the year 1997, district Bageshwar was carved out from district Almora. After carving out of district Bageshwar petitioner was transferred to district Bageshwar. According to the petitioner, the employees who were transferred from other districts were promoted ignoring the Government Order dated 1.2.1995, while the petitioner was not given the promotion. The Government Order dated 1.2.1995, which is contained as Annexure No. 1 to the writ petition, provides that if a person who came from other district on his own request, he must be put in lower rank in seniority list in the district. 3. In view of these facts and circumstances, the petitioner has the first right to be considered for promotion. Accordingly, the respondents are directed to consider the case of promotion of the petitioner under 15 per cent quota within two months from the date of production of certified copy of this order. The writ petition is disposed of accordingly. No order as to costs. (P.C. Verma, J.) Prabodh