COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 4751/2001 Suresh Chandra Padaliya …….Petitioner Versus State of Uttaranchal Through Secretary, Nagar Vikas Anubhag, Dehradun & Others ……Respondents Sri Manoj Tiwari, learned Counsel for the petitioner. Sri H.M. Raturi, learned Standing Counsel for respondent no. 1 to 4. Sri Ashish Joshi, learned Counsel for the respondent no. 5 & 6. 5th May, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioner has prayed for a writ of mandamus commanding the respondent no. 6 i.e. Chairman, Nagar Palika Parishad, Haldwani to consider and promote the petitioner as Junior Clerk with effect from the date when juniors to him were promoted to the said post along with other consequential benefits. 2. Petitioner was initially appointed on daily wages basis in Nagar Palika Parishad, Haldwani as Tax Collector with effect from 6.9.1979 . His services were terminated by the order dated 14.8.1987. Between 6.9.1979 and 14.8.1987, the petitioner discharged the duties of Tax Collector and Clerk either on daily wages or in regular pay scale. Feeling aggrieved with his termination order, petitioner raised a dispute before the Labour Court and the Labour Court gave an award in favour of the petitioner with direction to reinstate the 2 petitioner on the post of Tax Collector. Thereafter petitioner was reinstated on the post of Tax Collector vide order dated 1.9.1992. Petitioner has alleged that many persons who were engaged on daily wages after the petitioner were regularized on the post of Junior Clerk. It has also been alleged that juniors to him have been promoted to the post of Junior Clerk from the post of Tax Collector ignoring the case of the petitioner. 3. Petitioner claims that juniors to him have been promoted ignoring his case, which is clear cut violation of Article 14 of the Constitution of India. In view of this averment, the writ petition is disposed of finally with direction to the respondent no. 6 that in case any similarly situated junior to the petitioner has been promoted, the case of petitioner shall also be considered within a period of one month from the date of production of certified copy of this order and he shall also be promoted with effect from the date any similarly situated junior to the petitioner has been promoted. There shall be no order as to costs. (P.C. Verma, J.) Prabodh