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2025 DAILYLAW 12060 (UTT)

SUJATA v. STATE OF UTTARAKHAND

WPSB/441/2023 · 2025-04-24

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:3175-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Writ Petition (S/B) No. 441 of 2023 24th April, 2025 Ms. Sujata --Petitioner Versus State Of Uttarakhand --Respondent ---------------------------------------------------------------------- Presence:- Mr. Abhijay Negi and Ms. Snighda Tiwari, learned counsel for the petitioner. Mr. Yogesh Tiwari, learned Standing Counsel for the State. ---------------------------------------------------------------------- JUDGMENT: (per Mr. Alok Mahra, J.) Heard learned counsel for the petitioner and learned Standing Counsel for the State of Uttarakhand. 2. On the last date of hearing, this Court directed the sole respondent to show cause as to why disobedience of the order dated 06.09.2024 should not be made subject matter of contempt proceedings. The order dated 16.04.2025 is extracted hereunder:- 3. This Court by order dated 06.09.2024, after hearing all the counsel, had observed in Para 2 as under : 1 2025:UHC:3175-DB “The counter-affidavit has been filed by the State. In paragraph no. 9 of the counter- affidavit, it has been stated that a departmental meeting was convened on 23.04.2024 to take a decision in the matter of benefits and promotion of the petitioner, wherein it was brought on the record that one post of Joint Director in the Directorate is vacant and the petitioner is duly eligible for the said promotion. But, since on the said date, the Directorate could not produce the relevant documents regarding the petitioner, therefore, no concrete decision was taken in the said meeting. Thereafter, on 07.05.2024, again a meeting was convened and the matter of the petitioner was considered.” 4. Further, in Para 4 of the order, the Court had directed as under : “List on 18.10.2024. On that date, the State Government will produce the decision.” 5. It is almost six months since the date for reporting compliance has passed. Prima facie, the disobedience appears to be contemptuous of the direction issued by this Court, hence, the sole respondent to show cause as to why the disobedience of the order dated 06.09.2024 should not be made subject matter of contempt proceedings. 6. List the matter on 24.04.2025.” 3. Learned Standing Counsel on the written instructions dated 23.04.2025 received from Secretary, Women Welfare & Child Development Department, Government of Uttarakhand, submits that, pursuant to the order dated 16.04.2025, the Departmental Promotion Committee was convened on 16.10.2024 and the Departmental Promotion Committee has approved the name of the petitioner for promotion from the post 2 2025:UHC:3175-DB of Deputy Director to the post of Joint Director. 4. Learned counsel for the petitioner then submits that petitioner is going to retire on 30.04.2025, therefore, keeping in view the urgency in the matter, direction may be issued to the respondents to issue promotion letter to the petitioner on the recommendation made in favour of the petitioner in the D.P.C. 5. In such view of the matter, the writ petition is disposed of with a direction to the respondent to implement the recommendation of the D.P.C. as early as possible, but not later than 28.04.2025. (G. NARENDAR, C.J.) (ALOK MAHRA, J.) Dated: 24.04.2025 BS 3 BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4b a7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755D C00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.04.28 15:32:02 +05'30'