Abhishek Arya vs State Of Uttarakhand And Others

Raghvendra Singh Chauhan, CJ

The petitioner has challenged the order dated 13.09.2021, whereby Mr. Jaideep Arora, the Joint Director, Dairy Development Department, Uttarakhand, the respondent no. 5, has been the additional charge of the post of Managing Director.

Mr. C.K. Sharma, the learned counsel for the petitioner, submits that Mr. Arora could not have been given the additional charge as he is not qualified to hold the post of Managing Director. Therefore, the petitioner has filed this writ of quo warranto challenging the grant of additional charge to Mr. Arora.

The very contention raised by learned counsel is highly misplaced. For, when an additional charge is given to the Joint Director, it is merely a stopgap arrangement till the post of Managing Director is filled through a regular selection process. When an additional charge is given to an employee, it is not necessary that the employee must have all the eligibility criteria for filling up the post. Therefore, even if the respondent no.5 may not have the eligibility criteria for holding the post of Managing Director, even then the grant of an additional charge to respondent no. 5 is not illegal.

Admittedly, the selection process has already commenced but during this selection process, an additional charge has been given to the respondent no.5. Therefore, this Court does not find any merit in this writ petition. It is hereby dismissed.