IN THE HIGH COURT OF UTTRAKHAND AT NAINITAL Writ Petition No. 1340 (S/S) of 2005 Bhuwan Chandra Suyal, Section Supervisor at Sub Regional Office, Provident fund, Assistant Commissioner, Haldwani -------- Petitioner Versus Regional Provident Fund Commissioner, Dehradun 136/255 Subhash Nagar, Dehradun. ------- Respondent Hon’ble M.M. Ghildiayl, J. Heard Sri Ravi Babulkar, learned counsel for the petitioner and Sri Ashok Agarwal, learned counsel for the respondent. By means of this writ petition, the petitioner has prayed for the following reliefs: a. Issue a writ, rule order or directions in the nature of certiorari calling for the records and quashing the impugned order dated 17.08.2004 (Annexure 6) passed by Assistant Provided Fund Commissioner (For Regional Provident Fund Commissioner Dehradun. b. Issue a writ, rule order or directions in the nature of mandamus commanding and directing the respondent to regularize the services of the petitioner on the post of Section Supervisor w.e.f. 19.4.2002 and to place him in the seniority/gradation list accordingly. c. Issue a writ, rule order or directions in the nature of mandamus commanding and directing the respondent no. 3 not to give appointment to any other persons in place of petitioner. 2 d. Issue any other order or direction, which this Hon’ble Court may deem fit and proper under the circumstances of the case. e. Award cost of the petition in favour of the petitioner. During the course of argument, learned counsel for the petitioner has submitted that he is not willing to press relief (b) of the petition and the same may be treated as deleted. As alleged by the petitioner, he has already been regularized on the post of Section Supervisor with effect from 05.05.2004. Now the petitioner is pressing only for two reliefs. First, that he was working on the post of Section Supervisor with effect from 19.04.2002 and for the purposes of seniority on the post of Section Supervisor, his date of appointment on the post of Section Supervisor should be treated as 19.04.2002. In case, the petitioner was promoted on the post of Section Supervisor on 19.04.2002 against a substantive vacancy and by the competent authority in accordance with law, the said period may be counted for the purposes of the seniority on the post of Section Supervisor. The second prayer of the petitioner is that he may be considered eligible to be promoted for the post of Assistant Account Officer. Learned counsel for the petitioner has submitted that now the respondents are going the make promotion on the post of Assistant Account Officer and on the post of Assistant Account Officer, promotion can be made from amongst Section Supervisor, who has already completed 5 years of service as Section Supervisor. 3 In the circumstances, I direct that whenever the promotion is considered by the respondent, the respondents shall consider the candidature of the petitioner in accordance with law. With this direction, the writ petition is finally disposed of. All the pending applications stand disposed of. (M.M. Ghildiyal, J.) 24.05.2007 VKS