IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition N0. 1219 OF 2010 (S/S) Panna Lal ….Petitioner. Versus State of Uttarakhand and others. ………….Respondents. Present: Mr. U.K. Uniyal, Senior Advocate, assisted by Mr. Sandeep Kothari, Advocate for the petitioner. Mr. Dinesh Gahtori, Standing Counsel for the State of Uttarakhand/respondents. Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Heard Mr. U.K. Uniyal, Senior Advocate, assisted by Mr. Sandeep Kothari, Advocate for the petitioner and Mr. Dinesh Gahtori, Standing Counsel for the State of Uttarakhand / respondents. 2. A counter affidavit has been filed by the State in the Court today. The same is taken on record. 3. This writ petition has been filed by the petitioner with the following relief: “A. Issue a writ, order or direction in the nature of Mandamus directing the respondents to promote the petitioner on the post of Inspector Excise in pursuance of the recommendation made by the Secretary, Public Service Commission respondent no. 2 dated 22/04/2010. B. Issue any other writ, order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of this case. C. Award the cost of writ petition to the petitioners.” 4. In short, the case of the petitioner is that his name has been recommended for promotion by the Secretary, Uttarakhand Public Service Commission, yet no decision 2 has been taken by the State Government. It is a settled principle of law that one does not get indefeasible right merely because he has been selected or recommended by the Uttarakhand Public Service Commission or any Selection Committee, however, at the same time, in case such a recommendations are not being adhered to, State Government must show cause as to why the promotion has not been given to the petitioner on the post of Inspector Excise. No such reasons have been assigned in the counter affidavit filed by the State. 5. This writ petition is, therefore, disposed of with the direction to the Secretary (Excise) to take a decision on the recommendation made by the Uttarakhand Public Service Commission regarding the promotion of the petitioner forthwith, but in no condition later than three months from the date a certified copy of this order is produced before him. 6. The writ petition is disposed of accordingly. 7. No order as to costs. (Sudhanshu Dhulia, J.) 6.1.2011 Rathour