IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 15 (SS) of 2006 Daya Ram, S/o Sri Phool Singh, Aged about 39 years, Presently posted as Rajaswa Nirikshak, Tehsil-Sadar, District- Dehradun. ……….Petitioner. Versus 1. Chief Revenue Commissioner, Uttarakhand, Dehradun. 2. Commissioner, Garhwal Divisional, Pauri. 3. Collector, Dehradun. ……….Respondents. Hon’ble M.M. Ghildiyal, J Heard Sri Rakesh Thapliyal, learned counsel for the petitioner and Sri Paresh Tripathi, learned Counsel for State of Uttarakhand on behalf of respondents. Learned counsel for the petitioner has submitted that petitioner is scheduled caste candidate and was appointed as Lekpal on 05.05.1990. In the year 2001 petitioner was nominated by District Magistrate, Dehradun for training but he could not join the training, as the nomination was not acted upon. The reason why nomination was not acted upon in the year 2001 is that after creation of State of Uttarakhand, State of Uttarakhand was not having the facility for providing training to those parsons who were selected for training. Vide Order dated 24.12.2002, petitioner was given officiating charge of Revenue Inspector. Again on 22.09.2004, petitioner was granted promotion by the District Magistrate to the post of Rajaswa Nirikshak on temporary basis. The services of the Rajaswan Nirikshak are governed by U.P. Subordinate Revenue Executive (Supervisor Kanoongo) Service Rules 1977. According to Rules, appointment on the post of Rajaswa Nirikshak can by made by way of direct recruitment as well as by way of promotion from amongst permanent Lekpals. From the Rules it is clear that prior to the appointment on the post of Rajaswa Nirikshak, training is required to be completed by the person concerned either he is appointed by way of direct recruitment or through promotion. According to the provisions of relevant Rules every year District Magistrate shall prepare a list of persons holding the post of Lekpal for training and will send the list to the Commissioner of the Division and commission of the Division shall select number of persons amongst nominees for training to the extent posts are vacant in his division. Learned counsel for the respondents has submitted that Lekpals were selected on the basis seniority for Revenue Inspector Training for the year 2004-05 and 2005-06, but petitioner could not be selected for training as he has not completed 20 years of service. It is not disputed that petitioner has not completed the training for Rajaswa Nirikshak, as such, petitioner is not entitled for regular promotion on the post of Rajaswa Nirikshak without completing the training. As and when the petitioner completes training, he will be entitled for promotion on the post of Rajaswa Nirikshak and respondents may consider the case of petitioner for promotion in accordance with law. In case, trained persons are not available with the Department and posts of Rajaswa Nirikshak are vacant, then Department may consider permanent Lekpals for ad hoc/ officiating promotion on the post of Rajaswa Nirikshak in accordance with law. With this direction, the writ petition as well as all the pending applications are finally disposed of. No order as to costs. (M.M. Ghildiyal. J.) July 31, 2007 SKS