High CourtsSingle Bench(2018) 05 UK CK 0060

PANKAJ CHAUHAN vs STATE OF UTTARAKHAND AND OTHERS

Uttarakhand High Court · Decided on 14 May 2018

HON’BLE JUDGES
ALOK SINGH, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 153 (SS) of 2017

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Judgment

12 paragraphs · 262 words
1.

Mr. T.P.S. Takuli, Advocate for the petitioner and Mr. M.S. Bisht, Brief Holder for the State, are ready to argue the matter finally. Therefore, with

the consent of learned counsel for the parties, matter is taken up for final hearing and disposed of by this judgment.  Â

2.

Heard learned counsel for the parties.Â

3.

By means of this writ petition, petitioner is challenging the order dated 27.12.2016 whereby on cadre restructuring, it is decided to merge the posts

of Assistant Development Officer (First), Assistant Development Officer (Second) and Industrial Cooperative Supervisor with the post of Assistant

Manager and to fill up the post of Assistant Manager through Direct Recruitment while earlier there was 20% quota for Clerical Cadre.Â

4.

Petitioner is working on the post of Senior Assistant. Earlier there was 20% quota of the Clerical Cadre for filling up the post of Assistant Manager

and Assistant Development Officer (First). Feeding cadre of Assistant Development Officer (First) is Chief Assistant, who is now Head Assistant not

Senior Assistant. Now, the pay scales of Head Assistant and Assistant Manager are equal and feeding cadre of Head Assistant is Senior Assistant.

Considering the promotional avenues of clerical cadre, the number of posts in higher pay scale has already been created.Â

5.

Since the petitioner is not holding feeder cadre post and promotional avenue of petitioner has not been curtailed and moreover, it is the prerogative

of the Government to frame Rules, therefore, I do not find any merit in petition. Petition fails and is hereby dismissed. No order as to costs.Â