IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO. 1063 (SS) OF 2004 Rohit Chandra Pandey, Aged about 42 years, S/o Shri Ishwari Datt Pandey, R/o Village Ghingarookote, P.O. Sangon, Tehsil-Patti, District-Champawat, Work Agent, Provincial Division, Public Works Department, Champawat, District-Champawat. …………….Petitioner. Versus 1. State of Uttaranchal, through Secretary Public Works Department, Government of Uttaranchal, Dehradun. 2. Chief Engineer, Level-1, Uttaranchal Public Works Department, Dehradun. ………………Respondents. Dated: 07.08.2006 Hon’ble Rajesh Tandon, J. Heard Sri Mohan Chandra Pande, Advocate for the petitioner and Standing Counsel for the respondents no. 1 and 2. 2. By the present writ petition, the petitioner has prayed for a writ of mandamus directing the respondents to give the appointment to the petitioner on the post of Draftsman in the Provincial Division of Public Works Department, Champawat, District Champawat. 3. Briefly stated, according to the petitioner, he is a diploma holder from Industrial Training Institute run and managed by the Labour Department of the Government of Uttar Pradesh. He was initially appointed as Tracer in the Public Works Department, Pithoragarh on daily wage basis vide letter No. 2487 Vyakha/21 E.V. – 12 /89 dated 01.04.1989. After the continuous period of one year in service, on the post of Tracer till 1995, he was given experience certificate by the concerned Executive Engineers, Temporary Division, Public Works Department, Champawat, Pithoragrah on 20.05.1992 and 02.11.1995. 4. However, the post of Tracer was abolished in the year, 1996 and after the aforesaid abolition of the post of Tracer, the designation of the petitioner was changed to Work- Agent on the daily wage basis. On the information required by the Superintending Engineer, 12th Circle, P.W.D, Pithoragarh, the information was sent and the name of the petitioner was mentioned as will appear from Annexures-13 and 15 to the Writ Petition. Relevant portions are quoted below:- **Jh jksfgr pUnz ik.Ms; bl [k.M esa fn0 20-2-89 ls nSfud osru ij Vªslj ds in ij dk;Zjr Fks] ijUrq Vªslj dk in foyqIr gks tkus ds QyLo:i budk in ifjorZu fn0 1-1-98 dks odZ ,tsUV ds in ij dj fn;k x;kA fn0 27-11-2001 dks budh fu;qfDr dk;ZizHkkfjr vf/k”Bku esa dj nh x;h gSA ls [k.M esa ekufp=dkj ds fjDr in dk leLr dk;Z buds }kjk lR; fu”Bk ls fd;k tk jgk gSA budk dk;Z lUrks’k tud gSA vr% buds ekufp=dkj ds in ij fu;qfDr gsrq izcy laLrqfr dh tkrh gSA Jh jksfgr pUnz ik.Ms; bl [k.M esa Vªslj ds in ij 20- 2-89 ls 31-12-89 rd nSfud osru ij dk;Z djrs jgsA Vªslj dk in foyqIr gks tkus ds QyLo:Ik budk in ifjorZu odZ ,tsUV ds in ij dj fn;k x;k gSA rFkk orZeku esa budh fu;qfDr odZpktZ&esa&odZ,tsUV ds in ij dh x;h gSA IjUrq Jh jksfgr pUnz ik.Ms; o”kZ 20-2-89 ls yxkrkj ekufp=dkj ds fjDr in dk lR;fu’Bk ls leLr dk;Z djrs gSA budk dk;Z lUrks’k tud gSA vr% buds ekufp=dkj ds in ij fu;fer fu;qfDr gsrq izcy laLrqfr dh tkrh gSA 5. The grievance of the petitioner is that although even after the aforesaid information, the Draftsman has been appointed not amongst the petitioner, but from outsiders and the petitioner has been denied the appointment on the post of Draftsman. 6. According to the petitioner, he has moved the application on 10th June, 2003 before the Executive Engineer Provincial Division, Public Works Department, Champwat as well as on 12th May, 2003 before the respondent no. 21 through proper channel The said applications have not yet been disposed of. 7. However, in view of the above, respondents are directed to decide the applications/representations of the petitioner made form time to time within a period of three months form the date of presentation of the certified copy of this order. 8. Liberty is given to the petitioner to represent the matter before the authority concerned, which may be filed within a period of three weeks form the filing of the certified copy of the order. 9. Subject to aforesaid, writ petition is disposed of. (Rajesh Tandon, J.) 07.08.2006 Rathour