Bharat Singh Bohara vs District Judge Champawat & Another

Vipin Sanghi, CJ

After hearing the learned counsels on the last date, we posted three queries, to which we desired answer from the respondent-District Judgeship Champawat.

Learned counsel for respondent no.1-District Judgeship Champawat has taken instructions, and informs that the number of vacancies which were available on the date when the appellant was promoted as Junior Clerk/Assistant in the promotional cadre were three, out of which two were to be filled up from Group ‘D’ employees, and one post from the ‘driver’ cadre. The appellant as well as the respondent-writ petitioner were Group ‘D’ employees, who had participated in the promotional process wherein the appellant was promoted, and the respondent-writ petitioner was not.

The learned Single Judge has found in favour of the respondent-writ petition that she was wrongly denied one mark in respect of Question No.6, i.e. “In which year Judgeship of District Champawat was established?” Four options were given, i.e. (a) 1999; (b) 2000; (c) 2001; (d) 2002. According to the respondent-writ petitioner, none of these options were correct. The learned Single Judge found that the Judgeship of Champawat was established vide Government Order dated 01.09.1998 of the Uttar Pradesh Government. Thus, the respondent-writ petitioner was correct in claiming that none of the options was correct.

Aforesaid being the position, the learned Single Judge concluded that the appellant, who declared as a successful candidate, and had marked option ‘(C) 2002” could not have been awarded marks for the same. Thus, the learned Single Judge concluded that the respondent-writ petitioner ranked higher in merit to the appellant herein. The learned Single Judge further directed the District Judge, Champawat to re-evaluate the performance of candidates in the exercise for promotion to Group-C post held in the month of June, 2016 in the light of the report submitted by the Registrar General of this Court. It further directed that the successful candidate promoted in the said selection, i.e. the appellant herein, shall be put to notice, and shall be given two weeks’ time to reply to the same. The decision was to be taken by the District Judge after receiving the response of the affected person, i.e. the appellant herein.

Learned counsel for respondent no.1 further informed that, on re-structuring of the cadre, the appellant herein was designated as Senior Assistant on 07.11.2017, on which post he is working till date.

We are further informed that for promotion to the next higher post of Principal Assistant, three years’ experience as Assistant is required. With the passage of time, the appellant has gained that experience and, therefore, he could be considered for promotion as Principal Assistant any time.

In these circumstances, since we concur with the finding written by the learned Single Judge- that the respondent-writ petition was higher in merit to the appellant, and she should have been promoted as Junior Assistant in place of the appellant, with a view to do justice to the parties and to restore the rights of the respondent-writ petitioner, while also not hurting the rights of the appellant herein, we direct as follows:-

“i. The respondent-writ petitioner Smt. Mridula Sharma shall be promoted forthwith to the post of Junior Assistant.

ii. After she successfully renders service in the said cadre for a period of three years, she shall immediately be promoted as Senior Assistant.

iii. As soon as she was promoted, she shall rank higher in seniority above the appellant, namely Mr. Bharat Singh Bohara, and all others who are junior to Mr. Bharat Singh Bohara in the said cadre.

iv. The appellant and others in the cadre of Senior Assistant shall not be promoted to the next higher post till the respondent-writ petitioner Smt. Mridula Sharma becomes eligible for consideration for the post of Principal Assistant. However, in administrative exigencies, the appellant and other Senior Assistants may be given officiating charge as Principal Assistants till Smt. Mridula Sharma becomes eligible for consideration for promotion to the post of Principal Assistant.”

The appeals stands disposed of in the aforesaid terms.