IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 35 of 2008 Kichha Sugar Company Ltd. and another ............ Appellant. Versus Pradeep Kumar Jauhri and others ............ Respondents Mr. R.K. Raizada, Advocate for the appellant. Mr. A.K. Joshi, Advocate for respondent No. 1. Mr. J.P. Joshi, Chief Standing Counsel for respondent Nos. 3 & 4. Judgment Coram: Hon’ble V.K. Gupta, C.J. Hon’ble J.C.S. Rawat, J. V.K. GUPTA, C.J. (Oral) Mr. R.K. Raizada, Advocate for the appellant. Mr. A.K. Joshi, Advocate for respondent No. 1. Mr. J.P. Joshi,\ learned Chief Standing Counsel for respondent Nos. 3 & 4. 2. In the impugned judgment dated 18th March, 2008, the learned Single Judge by noticing the fact that the respondent No. 1 Pradeep Kumar Jauhari has passed the Intermediate examination of ICWA of India, held that he was entitled to be promoted/ placed in the higher grade of Senior Cost Assistant. It was based on this finding that the appellants were directed to consider the case of respondent No. 1 for promotion, if otherwise, he is found suitable. The learned Single Judge has also directed that his candidature shall not be rejected on the ground that he had not passed Intermediate examination of ICWA during the stipulated period. 15 days time was given to the appellants for doing the needful. 3. Learned counsel for the appellant has taken us through the Office Order No. 7/81-82 dated 14th January, 1981 to canvass before us that to be placed in the higher scale of Senior Cost Assistant the Cost Accounts Trainees had to pass the Intermediate examination within and during the training period. Already referred we reproduce herein below the text of Order which read thus:- “The Cost Account Trainees on successful completion of training in Cost Accountancy for two years will be considered for promotion as Cost Assistant in clerical grade I i.e. 405-8-445-12-653 of Wage Board if the trainee is posted in a factory. Such trainees who are posted in Head Office will be considered for promotion as Cost Assistant in the Head Office pay scale of Rs. 280- 8-320-9-410-10-450 after successful completion of the said training for two years. These orders will apply to the existing Cost Account Trainees only. The Cost Accounts Trainees who are able to pass the Intermediate Examination of the Cost Accountancy will be considered for promotion as Senior Cost Assistant in the Head Office pay scale of Rs. 500-25-650-30-800- 50-1000 whether they are posted in the Factory or Head Office for which they will have to execute a service agreement with the Corporation for 36 months.” 4. Undoubtedly, para 2 of the aforesaid Office Order alone applies to the case of the parties. A very careful perusal of this para clearly reveals to us that it nowhere stipulated or suggested that the Intermediate examination had to be passed during the period of training. 5. The learned Single Judge very correctly issued the aforesaid direction in the impugned judgment with which we fully agree. The appeal is dismissed in limine. 6. At this stage, Mr. R.K. Raizada, learned counsel appearing for the appellants prayed before us that the time for compliance of the direction contained in the impugned judgment be extended by six weeks because the Selection Committee has to be constituted relating to respondent No. 1. Acceding to this prayer while dismissing the appeal, we extend the time uptil 16th May, 2008 and no more. (J.C.S. Rawat, J.) (V.K. Gupta, C.J.) 04.04.2008 04.04.2008 LSR