HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 393 of 2006 (SS) 1. Satya Prasad Kanswal s/o Sri Ghanand Dak Runner, Office of the Supreintendent Engineer, Maneri Bhali Project Stage II, District Uttarkashi 2. Ramesh Chandra Badoni s/o Sri Jagdeshwar Prasad Office of the Supreintendent Engineer, Maneri Bhali Project Stage II, District Uttarkashi ……… Petitioners Versus 1. State of Uttaranchal 2. Chief Engineer, Irrigation Department, Dehradun 3. Superintendent Engineer, Maneri Bhali Stage-II Circle Joshiyara, District Uttarkashi 4. Executive Engineer, Maneri Bhali Construction Division-I, Joshiyara, District Uttarkashi …….. Respondents Sri H.M. Ratuir, Advocate for the petitioners. Standing Counsel for respondents. Dated: 23.3.2006 Hon’ble Rajesh Tandon, J. Heard Sri H.M. Ratuir, counsel for the petitioners and Standing Counsel for the respondents. By the present writ petition the petitioners have prayed for a writ of certiorari quashing the order of promotion dated 17.12.2005 passed by the respondent no. 2. Further writ of mandamus has been prayed directing the respondents to 2 promote the petitioners on the post of Class III in the Department. At the time of argument, counsel for the petitioners have confined his prayer for a writ of mandamus only for considering promotion of the petitioners. Briefly stated, according to the case of the petitioners they are employed in Class IV posts in Maneri Bhali Project of the Irrigation Department of State of Uttaranchal. The respondents have conducted a department examination for promotion of Class IV employee to Class III on 1.9.2002. Thereafter the result was declared on 17.12.2005. According to the petitioners they are governed by the Uttaranchal Government Servants (Criterion for Recruitment by Promotion) Rules 2004. These rules are fully applicable so far as the promotion quota from the post of Class IV employees to Class III is concerned. Learned counsel for the petitioners has referred the judgment in writ petition No. 915 of 2004 (SS) Uttaranchal Rajya Chaturth Vargiya Shreni Karmchari Sangh vs. State of Uttaranchal & others decided on 20.10.2005, wherein it has been held that the promotion made in accordance with the Rules ignoring the subsequent Rules which have overriding effect are not in accordance with law. In the said judgment order passed by the Joint Director of Education, Kumaon Mandal, Nainital was quashed. In view of above, the respondents are directed to consider the case of the petitioners for promotion within a period of six weeks after obtaining certified copy of this order, if junior to the petitioners in order of merit as well as in seniority have been given promotion. 3 Accordingly, the writ petition is allowed. No order as to costs. Dated: 23.3.2006 Rajesh Tandon, J. *Dhyani