IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (S/S) NO. 950 OF 2003 Raghubeer Singh Kathait ……..Petitioner. Versus State of Uttaranchal and others ……..Respondents. Mr. V.K. Kaparwan, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard learned counsels for the parties. The petitioner was initially appointed as class IV employee in the work charge establishment in the Irrigation Department of the erstwhile State of Uttar Pradesh on 1.9.1979 and then he was absorbed in the regular establishment in the year 1990. This fact has not been controverted in the counter affidavit filed by the State. The case of the petitioner is that as per the Government Order passed by the erstwhile State of Uttar Pradesh way back in the year 1982, 15 per cent of class III posts have to be filled by way of promotion from class IV employees, for which the candidates will be selected after a written examination and viva voce. The total marks for written examination are 30, for interview 10 and for character and past record are 10 marks. The candidates will be evaluated out of total 50 marks. According to the petitioner, under the said Government Order examination was conducted by the respondents, which the petitioner has successfully passed and his name figured at Serial No. 96 in the select list, which the petitioner has annexed as Annexure – 7. This fact has not been denied by the respondents. However, in the counter affidavit, the 2 respondents state that the selection was made in view of the Government Order dated 31.8.1982 but the said Government Order is not applicable in the case of petitioner. The contention of the respondents that the Government Order dated 31.8.1982 is not applicable in the case of petitioner is totally misconceived. The respondents have not been able to show any order or rule which are applicable as either modified, amended or some new orders relating to that aspect have been framed in the State of Uttarakhand. As per the definition of “law” given in Section 2 (f) of the U.P. Reorganisation Act, 2000 even an order which is force of law in the erstwhile State of U.P. is a law in State of Uttarakhand. Section 2 (f) reads as under :- “2. Definitions. (f) “law” includes any enactment, Ordinance, Regulation, Order, Bye-law, Rule, Scheme, Notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing State of Uttar Pradesh;” However, we are in the year 2010 and, therefore, the learned counsel for the petitioner contends that as of now the petitioner has in any case completed more than 20 years of service in the regular establishment. This fact has been admitted by the respondents, yet the promotional pay scale has not been given to the petitioner. The respondents are, therefore, directed to give promotional pay scale to the petitioner to which he is entitled after completing 14 years of service in regular establishment. It is also directed that in case the vacancies of class III which are to be filled by way of promotion are still available, the department will initiate proceedings forthwith to fill such posts by way of promotion from Class IV posts to which the petitioner is also entitled to 3 participate. This entire exercise of promotion shall be completed within three months from today. With these observations, writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 18.6.2010 Avneet