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2025 DAILYLAW 5069 (UTT)

JAIPRAKASH SINGH v. STATE OF UTTARAKHAND THROUGH SECRETARY

WPSS/688/2022 · 2025-05-20

Alok Mahra

body2025

Judgment text

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2025:UHC:4180 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Service Single No. 688 of 2022 20 May, 2025 Jaiprakash Singh ……….Petitioner Versus State Of Uttarakhand ……Respondents ---------------------------------------------------------------------- Presence:- Mr. Shubhang Dobhal, learned counsel for the petitioner. Mr. B.S.Koranga, Brief Holder for the State/respondent nos. 1 & 2. Mr. Ashish Joshi, learned counsel for the Uttarakhand Public Service Commission/respondent no.3. ---------------------------------------------------------------------- Hon'ble Alok Mahra, J. By means of present writ petition, the petitioner has sought the following prayer: “ (i) Issue a writ, order or direction in the nature of certiorari calling for the record and quashing the decision of the selection committee dated 18th November, 2021 as reflected in the Note- 1 of the recommendation dated 3rd November, 2021 made by Public Service Commission (Annexure-18 to the writ petition) to the extent the petitioner has been held to be ineligible for promotion on the post of Foremen Instructor. (ii) Issue a writ, order or direction in the nature of mandamus declaring the petitioner to be eligible for promotion on the post of Foremen Instructor in the Directorate of Training of Employment, under the relevant service rules as per the qualification and seniority possessed by the petitioner. (iii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to hold the review Departmental Promotion Committee (DPC) of the Departmental Promotion Committee held on 18th November, 2021 for considering promotion on the 1 2025:UHC:4180 post of Foremen Instructor from the post of Instructor, as per the qualification and seniority of the petitioner. (iv) Issue any suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. (v) Award the cost of writ petition to the petitioner.” 2. Vide order dated 18.12.2024, learned Coordinate Bench of this Court has directed the respondents-State to complete the entire exercise of process of promotion of the petitioner within 15 days and furnish the result in a sealed envelope. 3. Today, learned counsel for the Uttarakhand Public Service Commission submitted a sealed envelope before this Court which was opened. 4. On perusal of the report of the Departmental Promotion Committee dated 2nd January, 2025, constituted for consideration of promotion on the post of Forman Instructor (Electronics), it is reflected that petitioner’s name has been recommended for promotion for the selection year 2019-20. Since the DPC constituted by the Commission has recommended the petitioner’s name for promotion on the post of Forman Instructor (Electronics), the Commission is directed to send its recommendation to the State Government within a period of one week from today. 5. The State Government is further directed to act on the recommendation of the Commission within a period of one week after receiving the recommendation from the Commission. This whole exercise shall be completed within a period of two weeks from today. 2 2025:UHC:4180 6. In view of the above facts, since the DPC constituted by the Public Service Commission found the petitioner eligible and have recommended his name for promotion on the post of Foremen Instructor (Electronics), the grievance of the petitioner, as raised in the present Writ Petition, no more subsists. 7. The Writ Petition is disposed of accordingly. (Alok Mahra, J.) 20.05.2025 Kaushal 3