2025:UHC:2826-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB No. 522 of 2016 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. There is no representation on behalf of the petitioner. 2. Mr. Sushil Chandra Vashistha, learned Standing Counsel for the State of Uttarakhand. 3. This Writ Petition was filed in 2016 seeking the following reliefs:- “(a) a writ, order or direction in the nature of mandamus commanding the respondents to promote the petitioner to the post of Joint Director Medical pursuant to the recommendation made by the Director General Medical Heath and Family Welfare i.e. the respondent no. 2 by order dated 07.06.2016 and the said promotion be given effect to notionally with all consequential benefits w.e.f. 02.04.2013 the date when the junior incumbents were promoted.” 4. According to the petitioner, he was appointed as Medical Officer in the Department of Medical Health in the year 1997, and he was thereafter promoted as Senior Medical Officer on 04.04.2012. 5. Petitioner has staked claim for notional promotion to the next higher post of Joint Director with effect from 02.04.2013 on the ground that juniors to him were promoted to the said post on the said date. 6. The stand taken by respondents is that petitioner does not meet the eligibility requirement as mentioned in Rule 5 (iv) of the Uttarakhand Medical and Health Services Rules, 2014, which reads as under:- “Joint Director- By promotion from amongst substantively appointed Senior 2025:UHC:2826-DB Medical Officers, who have completed three years service, as such, as mentioned at the serial No. 5 of Appendix 1 and total thirteen years service on the first day of recruitment year on the basis of merit.” 7. Learned State Counsel submits that since petitioner was promoted as Senior Medical Officer only on 04.04.2012, he would become eligible for promotion as Joint Director only on 04.04.2015, after completing qualifying service of three years on the feeder post. Thus according to him, petitioner’s claim for notional promotion as Joint Director from 02.04.2013 is unsustainable. 8. This Court finds substance in the said submission. One of the conditions of eligibility for promotion as Joint Director is that one should have completed minimum three years’ service as Senior Medical Officer, in addition to the requirement of total thirteen years of service. Although petitioner completed thirteen years of service in 2013, however, he was not meeting the other requirement of three years service as Senior Medical Officer in 2014. Therefore, the claim staked by the petitioner for his notional promotion from 02.04.2013 is without any substance. 9. The Writ Petition thus fails and is hereby dismissed. No order as to cost. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 21.04.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08 b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A 9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.04.22 18:24:24 +05'30'