IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 287 of 2010 Prakash Chandra Gautam S/o Shri Baliyan, Presently posted as Assistant Engineer, Construction Division, Uttarakhand Pey Jal Nigam, Chamba, District-Tehri Garhwal. ………….. Petitioner Versus 1. State of Uttarakhand through its Secretary, Pey Jal, Secretariat, Dehradun, Uttarakhand. 2. Managing Director, Uttarakhand Pay Jal Sansadhan Vikas Evem Nirman Nigam, Dehradun, Uttarakhand. 3. Chief Engineer, Uttarakhand Pay Jal Sansadhan Vikas Evem Nirman Nigam, Dehradun, Uttarakhand. .…...……. Respondents Present: Mr. Sanjay Bhatt, Advocate for the petitioner. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble V. K. Bist, Judge Barin Ghosh, C. J. (Oral) Date of Decision : 22.12.2010 On 7th November 2000, when the Hill Sub-Cadre was in existence, a Junior Engineer belonging to the said cadre was promoted to the post of Assistant Engineer. Petitioner was not a member of the Hill Sub-Cadre as on 7th November, 2000. On 9th November 2000, the State of Uttarakhand was created. On 9th November 2000, the Hill Sub Cadre stood abolished. The persons, who belonged to Hill Sub-Cadre, became allocated to the State of Uttarakhand on establishment of the State of Uttarakhand. Some of the members of the general cadre existing prior to 9th November 2000, opted for the State of Uttarakhand. Petitioner was one of them. His option was accepted, whereupon he was allocated to the State of Uttarakhand. Subsequent thereto, petitioner has been promoted to the post of Assistant Engineer. Inasmuch as, Junior Engineer, who was promoted on 7th November 2 2000, was junior to the petitioner on the basis of his entry in the service, petitioner is seeking that the promotion that was given to him should relate back to 7th November 2000 on the ground that a promotion given to a senior should be treated as a notional promotion with effect from the date his juniors were promoted. In other words, petitioner is seeking to contend that his status as on 7th November 2000 was same or similar to that of the said Junior Engineer, who was promoted on 7th November 2000, when the same was not. On 7th November 2000, when the said Junior Engineer was promoted, he belonged to a separate cadre and, accordingly, had to be dealt with separately, as the petitioner was a member of a different cadre. 2. The writ petition, accordingly, fails and the same is dismissed. P. Singh ( V.K. Bist, J. ) ( Barin Ghosh, C.J.) 22.12.2010