2025:UHC:1788-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UWPSB/370/2014 UHon’ble Manoj Kumar Tiwari, J. UHon’ble Ashish Naithani, J. There is no representation for the petitioner. Mr. Sushil Chandra Vashisth, Standing Counsel for the State of Uttarakhand. Mr. T.A. Khan, Senior Advocate assisted by Ms. Sabana, Advocate for respondent Nos. 2, 3 & 4. 2. Petitioner is serving as Deputy Chief Engineer in Bazpur Co-operative Sugar Factory Ltd., Bazpur, District Udham Singh Nagar. This writ petition was filed by him in 2014, seeking following reliefs: “(i) Issue a writ, order or direction in the nature of Mandamus directing the respondent nos. 1 & 2 to promote the petitioner on the post of Chief Engineer. (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent nos. 1 & 2 to provide the pay to the petitioner in accordance with the Rule 22 (B) (2) of Financial Hand Book. (iii) Issue a writ, order or direction in the nature of Mandamus directing the respondent nos. 1 & 2 to provide arrears of the 2Pnd P time scale or time scale of Chief Engineer Rs. 14,200-18,300/-“ 3. Mr. T.A. Khan, learned Senior Counsel appearing for Sugar Factory-respondent Nos. 2, 3 & 4 submits that one person junior to petitioner, namely Abhishek Kumar, who belongs to scheduled caste category, was promoted as Deputy Chief Engineer in the year 2006 by giving benefit of reservation. However, all other persons, who were promoted as Deputy Chief Engineer, are senior to the petitioner. 2025:UHC:1788-DB 4. He further submits that in the year 2012, petitioner was also promoted as Deputy Chief Engineer as per his seniority and further that, he became eligible for promotion as Chief Engineer only in 2017 upon completing five years of continuous satisfactory service as Deputy Chief Engineer. 5. From the submission made by learned Senior Counsel appearing for respondent Nos. 2, 3 & 4, it is apparent that petitioner has become eligible for promotion as Chief Engineer. 6. In such view of the matter, the writ petition is disposed of by permitting petitioner to make representation seeking regular promotion from due date and also for the relief, as claimed in prayer no. (ii) in this writ petition. 7. If petitioner makes representation within three weeks from today, the Competent Authority/Managing Director, Uttarakhand Sugar, Dehradun, shall take decision thereupon as per law, within four months from the date of receipt of such representation. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 17.03.2025 Mahinder/