IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 157 of 2011 Lakhiram Nautiyal. ………. Petitioner Versus State of Uttarakhand and others. ..………. Respondents Mr. Sandeep Kothari, Advocate for the petitioner. Mr. K.P. Upadhyaya, Addl. Chief Standing Counsel for the State of Uttarakhand / respondents. JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble U.C. Dhyani, J. BARIN GHOSH, C. J. (Oral) No counter affidavit has been filed to the writ petition. The Government of Uttarakhand has also taken a policy decision to the effect that, in the event, a Government employee is promoted to the next higher post and it transpires that his juniors were promoted to the said post prior to him, then, the person so promoted, subsequent to the promotion of his juniors, shall be entitled to notional benefit of the promotion from the date his juniors were promoted. 2. In the instant case, juniors to the petitioner were promoted on 29th December, 2006, whereas the petitioner was granted an officiating promotion on 5th October, 2007. Subsequently, petitioner was given a regular promotion w.e.f. 20th February, 2009. In the circumstances, petitioner is entitled to the notional promotion to the post of Principal w.e.f. 29th December, 2006. 3. We, accordingly, direct the respondents to accord such promotion to the petitioner. There is no dispute that, since 5th October, 2007, petitioner was discharging the duties of the Principal. In the event, petitioner has not been accorded monetary benefit attached to the post of Principal since 5th October, 2007, let the same be given to the petitioner. 2 4. With the directions as above, the writ petition is disposed of. (U.C. Dhyani, J.) (Barin Ghosh, C. J.) 29.09.2011 29.09.2011 G