IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 3 of 2008 Suresh Lawrence Patrick ……Petitioner Versus State of Uttarakhand & others ….. Respondents Mr. T.A. Khan, Advocate for the petitioner Mr. Vinay Kumar, Standing Counsel for State/respondent Nos. 1 and 2 Mr. Subhash Upadhyay, Advocate for respondent No.3 Hon’bel Brain Ghosh, C.J. Hon’ble V.K. Bist, J. Date of Decision: 22.12.2010 Barin Ghosh, C.J. (Oral) The respondent No.3, a Mines Officer, was given an ad hoc promotion to the post of senior Mines Officer on 31st October, 2005. The respondent No. 3 as well as the petitioner were employees of the State of Uttar Pradesh. Both of them have been allocated to the State of Uttarakhand. While respondent No. 3 was allocated to the State of Uttarakhand earlier, the petitioner was finally allocated to the State of Uttarakhand on 18the May, 2006. On the basis of their substantive appointments, respondent No. 3 is junior to the petitioner. After having had passed the final allocation order dated 18th May, 2006, the Union of India felt that the said order requires a review. It, therefore, issued notice to all parties concerned, including the State of Uttarakhand. After hearing the parties concerned, the Union of India refused to review the order and reaffirmed final allocation of the petitioner to the State of Uttarakhand on 8th April, 2008. In the meantime, the State of Uttarakhand permitted the petitioner to join as a Mines Officer of the State of Uttarakhand on 28th September, 2007. Subsequent to acceptance of the petitioner as an allottee Mines Officer of the State of Uttarakhand, the State of Uttarakhand, through a Departmental Promotion Committee, on 27th December, 2007, considered the merit and other suitability of Mines Officers for being promoted to the post of Senior Mines Officer. At that time, the case of the respondent No.3 too was considered, but the name of the petitioner was not considered. On the basis of what transpired during the meeting of the Departmental Promotion Committed held on 27th December, 2007, the respondent No.3 has been promoted to the post of Senior Mines Officer by an order dated 8th January, 2008. 2. There being no dispute that the respondent No.3 is junior to the petitioner, we are at a loss as to why the case of the petitioner for promotion was not considered by the Departmental Promotion Committee on 27th December, 2007, when the case of the respondent No. 3 was considered. 3. We, accordingly, direct the respondents to constitute Departmental promotion Committee as quickly as possible, but not later than one month from the date of service of a copy of this order upon the respondent No.2, for the purpose of considering the case of promotion of the petitioner from the post of Mines Officer to the post of senior Mines officer. In the event, Departmental Promotion Committee finds the petitioner suitable for such promotion, we direct the respondents to give promotion to the petitioner w.e.f. 8th January, 2008, the date when the respondent No.3 was accorded such promotion . 4. This disposes of the writ petition. (V.K. Bist, J.) (Barin Ghosh, C.J.) 22.12.2010 Aswal/Prabodh