Pramod Chandra Lohani vs State Of Uttarakhand And Others

Ravindra Maithani, J

The challenge in this petition is made to the final promotion list dated 05.08.2022 issued by the respondent no. 3/District Education Officer, Almora, with further direction to the respondent authorities to consider the candidature of the petitioner for promotion.

Heard learned counsel for the parties and perused the record.

The petitioner was working as an Assistant Teacher in Primary School. In the year 2015, when the promotion exercise was undertaken, the petitioner had to forgo that promotion due to his family condition. Thereafter, again promotion exercise was undertaken in the month of July, 2022, but the name of the petitioner was not included in it. That has been challenged by the petitioner.

That the respondent no. 3/District Education Officer has filed a short counter affidavit and in para 5 of it, it is stated as follows:-

“5. That it is also pertinent to bring to the notice of this Hon’ble Court that by virtue of letter dated 13.9.2022 issued by Director, Primary Education it has been directed that the regulations regarding the forgo of promotion 2020 came into force on 7.8.2020, therefore, it is applicable from 7.8.2020 itself and the petitioner herein kept away from the promotional exercise is not justified and legally sustainable and also direct the answering respondent department to correct the aforesaid mistake and thereafter apprise the Hon’ble Court regarding the same.”

Learned counsel for the petitioner would submit that earlier the petitioner had forgo his promotion, but that could not debar inclusion of the petitioner in the promotion list for the year 2022.

In this mater, on 31.08.2022, when the matter was taken up, the Court had directed that the petitioner’s claim for promotion to the post of Headmaster, Government Primary School, shall also be considered however, his result shall not be declared, without leave of this Court.

Learned counsel for the respondent State would submit that after the interim order, the matter was examined and the senior authorities has already directed that the name of the petitioner ought to have been considered for the promotion exercise that was under taken in the year 2022.

Today, the result of the promotion exercise has been placed before the Court. It is in sealed cover, which is opened before the Court. After opening it, on being asked, learned State Counsel submits that the candidature of the petitioner was considered for promotion to the post of Headmaster and he is found eligible; his place of posting has not been notified due to pendency of the instant petition.

It is the claim of the petitioner that his name should be included in the promotion exercise for the year 2022. The candidature of the petitioner has been considered and now he has been found eligible. Therefore, nothing survives in the writ petition. However, the respondents are directed to notify the place of posting of the petitioner after promotion forthwith.

The writ petition stands disposed of accordingly.