HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 221 of 2003 (SB) Shamim Ahmad s/o Shafiq Ahmad Assistant Teacher L.T. Presently posted at Govt. Asharams Type School, Tuni, District Dehradun …………. Petitioner Versus 1. State of Uttaranchal 2. Secretary, Social Welfare, U.P. Govt. Lucknow 3. Director, Tribal Welfare, U.P. Lucknow 4. District Social Welfare Officer, Dehradun 5. Km. Chandra Kanta Gupta, Superintendent of Ashram Type School, Kanja Bag, Khatima, District Udham Singh Nagar. 6. Smt. Kanta Chorniyal, Superintendent of Ashram Type School, Longa, Rokhari 7. Hardeo Singh Jyada,m Incharge Principal, Govt. Ashram Type School, Tuni, District Dehradun. ………. Respondents Sri S.S. Yadav, Advocate for the petitioner Standing Counsel for the respondents. Dated: 1.3.2006 Hon’ble Rajesh Tandon J. Heard Sri S.S. Yadav, for the petitioner and Standing Counsel for the respondents. By the present writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 12.12.2002, annexure-8 to the writ petition and to permit the petitioner to work as Incharge Principal. 2 Briefly stated the petitioner was appointed in the year 1973 on the post of Assistant Teacher in L.T. Grade. The petitioner was regularized on 18.8.1987. According to the petitioner he was entitled to be regularised on 6.9.1976 but respondents No. 5 and 6 who are junior to him were promoted on the post of Superintendent. The petitioner has submitted that according to Service Rules, he has become entitled for the promotion on the post of Principal in the year 1991 and on the post of Superintendent in the year 1988. Several posts are lying vacant in the Department but the respondents are not giving promotion to the petitioner. The respondents have filed counter affidavit submitting therein that although the petitioner is officiating principal but he is not entitled for regular promotion on the post of Principal. The counsel for the petitioner has submitted that according to Rules the petitioner is entitled for promotion on the post of Principal but his representation has not been decided by the respondents. In the view of above, liberty is given to the petitioner to file a fresh representation before the appropriate authority within two weeks after the receipt of the certified copy of this order, who shall decide the same by a reasoned order within one moth thereafter. Accordingly the writ petition is disposed of. No order as to costs. Dated: 1.3.2006 Rajesh Tandon J. *Dhyani