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Judgment
Manoj Kumar Tiwari, J
A Division Bench of this Court vide order dated 01.09.2016 passed in WPSB No. 36 of 2016 had directed the Principal Secretary, Department of Health, Uttarakhand to convene a Review Departmental Promotion Committee and consider the case of the petitioner for promotion on the post of Joint Director from the date of his juniors were recommended.
A response affidavit has been filed by Mr. Nitesh Kumar Jha, Secretary, Medical, Health & Family Welfare, Government of Uttarakhand, Dehradun. Paragraph no. 5 of the said affidavit is reproduced below:-
"That in compliance of the order dated 01.09.2016 passed by Hon'ble High Court of Nainital in W.P. (S/B) No. 36 of 2016, the review DPC was convened on 7.02.2017, wherein, DPC was apprised with various orders passed by Hon'ble High Court in relation to promotion of respondent along with Rules 2013 and ACR from year 1999-2000 to year 2008-09 of Dr. Ravinder Pal Singh Negi were included, the ACR and other relevant records of Dr. Ravindra Pal Singh Negi were produced before the Selection Committee. However, Selection committee held that:
"after observing the Annual Confidential Report from year 1999-2000 to year 2008 -2009 of Dr. Ravinder Pal Singh Negi has classified Dr. Ravindra Pal Singh Negi under Good Category. Due to lack vacancy for the post of Joint Director in the Department, presently the recommendation for promoting Dr. Ravindra Pal Singh Negi on the post of Joint Director is not being recommended. However, in the event of any vacancy on that post in future, the promotion of Dr. Negi from his junior i.e. Dr. Ramesh Chandra Punera, who has been promoted by the Government Order dated 18.12.2012 in the Good category, from that date of promotion Dr. Ravindra Pal Singh Negi is recommended to be promoted."
From the stand taken in response affidavit, it is apparent that a Review Departmental Promotion Committee was convened and petitioner's claim, for promotion as Joint Director was considered, therefore, the direction issued by Division Bench of this Court stands complied with.
Accordingly, Contempt Petition is closed. Contempt notice issued to respondent is hereby discharged.