IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 1663 of 2003 Govind Dass ….Petitioner. Versus State of Uttaranchal and another …Respondents. Sri Bhagwat Mehra, Advocate present for the petitioner. Sri N.P. Sah, Standing Counsel present for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Sri Bhagwat Mehra, Advocate present for the petitioner as well as Sri N.P. Sah, Standing Counsel present for the State of Uttarakhand. The petitioner was a clerk in Food and Civil Supplies Department, State of Uttarakhand. His grievance is that he was not promoted to the post of Supply Inspector even though juniors to him were promoted. It is an admitted case that the promotion from Supply Clerk to Supply Inspector is based on seniority subject to rejection on unfit. Contention of the petitioner is that though there is nothing adverse on the service record and he was at Serial No. 42 in the seniority list, yet he was not promoted whereas person below him in the seniority list was promoted vide order dated 15.4.2002. This fact has not controverted in the counter affidavit. For an elaboration on this matter, paragraph nos. 7 and 8 of the writ petition are being reproduced below :- “7. That it may be stated that the Commissioner, Food and Civil Supplies, Uttaranchal has promoted 61 Supply Clerks/Stenographers to the posts of Supply Inspector in the Scale of Rs. 4500-7000 vide order dated 15.4.2002. It may be pointed out here that out of the 61 persons promoted, only three are from the cadre of Stenographers and the rest are Supply Clerks. In this connection true copy of the promotion order dated 15.4.2002 is enclosed herewith and marked as ANNEXURE NO. 5 to the writ petition. 2 8. That a bare perusal of the promotion order would reveal that all persons placed after Serial No. 42 in the promotion order are junior to the petitioner. As stated above, petitioner is placed above Sri Ram Charan Singh in the seniority list prepared by the Food Commissioner, Uttaranchal vide order dated 24.8.2002 and Sri Ram Charan Singh has been placed at Serial No. 43 of the promotion order. Ranking of the persons promoted in the seniority list has been given against their names in the promotion order which reveals that the petitioner has been superseded by as many as 19 persons. In this connection a chart prepared by the petitioner disclosing the position of junior persons promoted in the combined seniority list of State of U.P. as well as in the seniority list of State of Uttaranchal is enclosed herewith and marked as ANNEXUE NO. 6 to this petition.” Reply to paragraph nos. 7 and 8 of the writ petition isthat the contents of said paragraphs of the writ petition need no comments as the same pertain to matters of record. It is also an admitted case of both the parties that during the pendency of the writ petition vide order dated 2.12.2004, the petitioner has also been promoted as Supply Inspector. Thereafter another fact emerged to the notice that during the pendency of the writ petition, the petitioner has also reached the age of superannuation on 30.4.2010. Since the promotion from the post of Supply Clerk to the post of Supply Inspector was illegally denied to the petitioner and since the juniors to the petitioners were promoted depriving the promotion of the petitioner, denial of promotion to the petitioner on 15.4.2002 was illegal and although the petitioner has now been promoted vide order dated 2.12.2004 as Supply Inspector, this promotion shall be deemed to have been done from 15.4.2002 on the date from which his juniors were promoted from the post of Supply Clerk to the post of Supply Inspector. It is, made clear that the petitioner shall be treated for all practical purposes to have been promoted from the post of Supply Clerk to Supply Inspector with effect from 15.4.2002 and post retirement dues including the pension shall be re-fixed accordingly. The same shall be done as expeditiously as 3 possible but definitely within a period of three months from the date a certified copy of this order is produced before him. With these observations, writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 12.5.2011 Avneet