HIGH COURT OF UTTARAKHAND, AT NAINITAL Writ Petition No. 326 of 2006 (S/B) M.L. Kapoor S/o Late Sri K.K. Kapoor … Petitioner Versus State of Uttaranchal through Chief Secretary, Civil Secretariat, Dehradun and others … Respondents Dated:- 08th June, 2011 Hon. Tarun Agarwala, J. Hon. Servesh Kumar Gupta, J. Heard Sri Subhash Upadhayay, the learned counsel for the petitioner and Sri B.D. Upadhyay, the learned Additional Advocate General for the respondents. The petitioner was initially appointed as a Typist in the year 1972 in the office of the Agriculture Production Commissioner, Government of U.P. at Lucknow. The petitioner was subsequently promoted to the post of Private Secretary Grade-I w.e.f. 06.09.2000. Under Rule 5, promotion to Private Secretary Grade-II can be made from Private Secretary Grade-I who have completed five years of service. However if suitable candidates are not available, the period of five years could be reduced to three years. For facility, the said provision is extracted hereunder :- “5. SOURCE OF RECRUITMENT – (1) Recruitment to the various categories of posts in the service shall be made from the following sources: (i) Private Secretary (Grade-I) – By promotion through the selection committee from amongst substantively appointed Personal Assistants who have completed ten years service as such in the Secretariat on the first day of the year of recruitment. Provided that if suitable candidates are not available the field of eligibility may be extended to include substantively appointed Personal Assistants who have completed seven years service as such on the first day of year of recruitment. (ii) Private Secretary (Grade-II) – By promotion through the selection committee from amongst substantively appointed Private Secretary (Grade-I) as who has completed five years service as such on the first day of year of recruitment. Provided that if suitable candidates are not available the eligibility may be extended to include substantively appointed Private Secretary (Grade-I) who have completed three years service as such on the 1st day of year of recruitment. (iii) Private Secretary (Grade-III) – By promotion through the selection committee from amongst Private Secretaries Grade-II. (iv) Private Secretary (Grade-IV) – By promotion through the selection committee from amongst substantively appointed Private Secretaries Grade-III. 2. If a junior person is included in the field eligibility, his senior shall also be included not with standing the fact that he himself has not put in the requisite period of services”. Rule 17 provides further relaxation. For facility, the said provision is extracted hereunder :- 3 “17. RELAXATION FROM CONDITION OF SERVICE:- Where the State Govt. is satisfied that the operation of any Rule regulating the conditions of service of a person appointed to the service causes undue hardship in any particular case it may not withstanding any thing contained in the Rules applicable to the case by order dispensed with or relaxed the requirement of that rule to such extend and subject to such condition as it may consider necessary for dealing with the case in a just and equitable manner”. Based on the aforesaid provisions, the petitioner applied for relaxation, which was duly considered by the State Government and an order dated 29.08.2002 was issued giving an appropriate relaxation to the petitioner. In the light of the relaxation given by the State Government, the petitioner became eligible for promotion as Private Secretary Grade-II with effect from the date of relaxation. Inspite of the relaxation, the petitioner was not considered for promotion and, accordingly, the petitioner approached the writ Court which was disposed of by an order dated 11.03.2003 directing the authority to consider the representation of the petitioner. Based on the said direction, the representation of the petitioner was rejected by an order dated 04.12.2003, against which the petitioner preferred the writ petition No.260 (M/B) of 2004. This writ petition was disposed of by a judgment dated 24.04.2006. The order of the Competent authority dated 04.12.2003 was quashed and respondents were directed to consider the case of the petitioner for promotion after accepting the relaxation given to him, namely, the relaxation given by the State Government by its order dated 29.08.2002. The order of writ court dated 24.04.2006 became final and binding upon the respondent. Based on the said directions, the 4 respondent issued an order dated 05.07.2006 promoting the petitioner as Private Secretary Grade-II with effect from 05.07.2006. The petitioner, being aggrieved by the said order, has filed this writ petition. The Learned counsel for the petitioner contended that impugned order is in gross violation of the direction given by the Court in its order dated 24.04.2006. Having heard the learned counsel for the parties, the Court is of the opinion that the impugned order cannot be sustained. In the first instant, the State government issued an order dated 29.08.2002 relaxing the condition for promotion in favour of the petitioner. The order of the State Government still remains operative and has not been revoked by the State Government till date. Consequently, the promotional order dated 05.07.2006 has been passed without taking into consideration, the earlier order of the State Government dated 29.08.2002. Further, the Court finds that a clear cut direction was issued by this Court in its order dated 24.04.2006 whereby the respondents were directed to accept the relaxation given by the State Government while considering the promotion of the petitioner on the post of Private Secretary Grade-II. The order of the Court has not been complied with by the respondents. In the light of the aforesaid, the impugned order dated 05.07.2006 is quashed to the extent it gives promotion to the petitioner with effect from 05.07.2006. The respondents are directed to promote the petitioner as Private Secretary Grade-II after giving relaxation as per the order of the State Government dated 29.08.2002. This order shall be passed by the State Government within four weeks from the date of the production of a certified copy of this order. It has been stated that during the pendency of the writ petition, the petitioner has been promoted as Private Secretary Grade-III and, thereafter, as Private Secretary Grade-IV. We accordingly direct that upon the promotional order being passed on the post of Private Secretary Grade-II, the respondents will also consequently pass promotional orders for Grade-III and Grade-IV. (Servesh Kumar Gupta, J.) (Tarun Agarwala, J.) 08.06.2011 JKJ