2025:UHC:101-DB 1 HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE MANOJ KUMAR TIWARI 6TH JANUARY, 2025 WRIT PETITION (S/B) NO. 95 OF 2023 Dr. Geeta Kholiya …...Petitioner Versus State of Uttarakhand and others. …….Respondents Counsel for the Petitioner : Mr. S.S. Yadav, learned counsel. Counsel for the State : Mr. J.C. Pande, learned Standing Counsel for the State / respondent Nos. 1 and 2. Mr. C.S. Rawat, learned counsel for respondent Nos. 3 and 4. Ms. Anjali Bhargawa, learned counsel for respondent No. 5. JUDGMENT : (per Mr. G. Narendar, C.J.) 1. Having heard learned counsel for the petitioner and the learned State Counsel, and having perused the material papers, it is seen that the Screening Committee and the University Grants Commission have held that the petitioner is eligible to be promoted to the post of Professor. 2. It is the case of the petitioner that she ought to be promoted with retrospective effect from 01.01.2009. 3. Per contra, learned State Counsel would submit that no post of Professor was available as on 01.01.2009 and the post was created on 10.05.2013. 4. Be that as it may, we see that no order of promotion, either granting it from 10.05.2013 or 01.01.2009, nor rejecting the case of the petitioner, 2025:UHC:101-DB 2 has been passed. Decision having not been taken, the instant writ petition appears to be premature. 4. Per contra the Ld State Counsel would submit that the Competent Authority has no objection to consider the case of the Petitioner from the vacancy arose or the post was created. 5. Be that as it may, as the issue is more than a decade old and in view of the submission by the Ld State Counsel recorded above, we deem it equitable to issue directions, in order to give a quietus to the issue. 6. The Competent Authority shall pass necessary orders granting promotion from the date the vacancy arose / the post was created. The Competent Authority shall pass the orders within one week. The short window-period is stipulated in view of the fact that the petitioner is stated to demit office on 24.01.2025. 7. We hope that this order will be implemented in the spirit and the nature in which it is passed. 8. The instant writ petition is disposed of accordingly. 2025:UHC:101-DB 3 9. Let copy of the order be made available to the State Counsel and also be forwarded to the Competent Authority by way of e-mail. 10. As a sequel thereto, all pending applications stand disposed of. ________________ G. NARENDAR, C.J. _____________________ MANOJ KUMAR TIWARI, J. Dt: 6th January, 2025 Rathour