IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 574 of 2004 (S/S) 1. Vijay Pal Singh Rana, S/o Sri Padam Singh, Presently posted as Land Acquisition Amin, In the office of Special Land Acquisition Officer, Haridwar. 2. Krishnanand Pant S/o Sri K.L. Pant, presently posted as Land Acquisition Amin, in the office of Special Land Acquisition Officer, Haridwar. ………….. Petitioners Versus 1. State of Uttaranchal through Secretary, Department of Revenue, Uttaranchal Shasan, Dehradun. 2. Secretary, Department of Appointment & Personnel, Uttaranchal Shasan, Dehradun. 3. Chief Revenue Commissioner, Uttaranchal, Dehradun. 4. Commissioner, Garhwal Division, Pauri. 5. District Magistrate / Collector, Haridwar. …….. Respondents Mr. Manoj Tewari, Advocate for the petitioners. Mr. K.P. Upadhyaya, Standing Counsel for the State. Coram: Hon. Cyriac Joseph, C.J. Hon. P.C. Verma, J. ORAL JUDGMENT: (Per Hon’ble the Chief Justice) 1. Heard Mr. Manoj Tewari, Advocate appearing for the petitioner and Mr. K.P. Upadhyaya, Standing Counsel for the State. 2. The petitioners are, presently, working as Land Acquisition Amins. They have filed this writ petition praying for a direction to respondents No. 1 & 3 to promote the petitioners as Nayab Tehsildar. Realizing that under the Rules, the petitioners are not entitled to be considered for promotion as Nayab Tehsildar, they amended the writ 2 petition to include a prayer for a direction to respondents No. 1 & 2 to make the provision for promotion of Land Acquisition Amins in the relevant service rules with a view to remove the stagnation faced by the Land Acquisition Amins in the absence of any promotional avenues. 3. Obviously, the first prayer of the petitioners cannot be granted, as they are not eligible to be considered for promotion as Nayab Tehsildar under the relevant Rules. Even, the second prayer cannot be granted by this Court because it is for the Government to make the Rules and to provide for the feeder categories for promotion to higher posts. This Court, in exercise of the powers under Article 226 of the Constitution of India, cannot compel the Government to make the Rules in a particular form or in a particular manner. It is for the Government to consider and take appropriate decisions. Therefore, the second prayer, also, is declined. 4. Mr. Manoj Tewari, learned counsel for the petitioners submitted that considering the plight of the petitioners caused by the stagnation in the very same post for a long period, a sympathetic view may be taken by the Court. Learned counsel for the petitioners pointed out that the representation (Annexure 8) dated 15.12.2003 submitted by the Association of Land Acquisition Amins is still pending with the Government and that it has not been considered by the Government and no order has been passed so far. Learned counsel submitted that, at least, the Government may be directed to consider and pass orders on the representation dated 15.12.2003 (Annexure 8). 5. In the facts and circumstances of the case, we are inclined to consider the above request of the learned counsel for the petitioners, particularly, when the District Magistrate has forwarded the representation dated 15.12.2003 (Annexure 8) to the Government along with his letter dated 30.12.2003 (Annexure 10). 3 6. Hence, while declining the prayers in the writ petition, we direct the respondent No. 1 State of Uttaranchal to consider the representation dated 15.12.2003 (Annexure 8) submitted by the Association of Land Acquisition Amins and to pass appropriate orders as early as possible & at any rate, within a period of four months from the date of receipt of the copy of this order. 7. With these directions, the writ petition is disposed of. (P.C. Verma, J.) (Cyriac Joseph, C.J.) 21.03.2005 21.03.2005 G