High CourtsDivision Bench(2011) 11 UK CK 0097

Hansa Dutt Pandey and others vs State of Uttarakhand and others Narendra Singh and others Vs Chief Secretary Govt. of Uttarakhand and others

Uttarakhand High Court · Decided on 24 November 2011

HON’BLE JUDGES
Barin Ghosh, C.J · Umesh Chandra Dhyani, J
RESULT
Dismissed
CASE NUMBER
Review Application No. 743 and 749 of 2011 in Writ Petition No. 187 of 2010 (S/B) with Review Application No. 741 and 750 of 2011 in Writ Petition No. 188 of 2010 (S/B)

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Judgment

2 paragraphs · 258 words
1.

All these three review applications challenge the same order on identical grounds, and accordingly, all of them are dealt with by this common order.

2.

In these review applications it is being contended that in terms of the Rules which were not brought to the notice of the court promotions could only be given even for discharging officiating duty only on being selected by the Public Service Commission, and that having not been done in the instant case, and the writ petitioners / respondents in the review applications have been promoted on being selected by a separate selection committee, their officiating appointment cannot give them the benefit of continuance of their seniority from the date they were so appointed on officiating capacity but it is not in dispute even in the review applications that the petitioners / respondents in these review applications continued to discharge officiating duty from the day they were appointed on officiating basis until the time they were regularized in their promotional post after having been selected for being promoted by the Public Service Commission. The law on the subject being settled that if officiating promotion given by the employer continues and subsequently matures into regularization of such promotion and their being no brake in discharge of duties in the promotional post, the person concerned is entitled to count his seniority from the day he was appointed to discharge officiating duty, we find no merit in the applications for review. They are dismissed. We have restrained ourselves from imposing exemplary costs in the mater.