2025:UHC:3336-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/129/2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Vivek Bharti Sharma, J. (Per: Hon’ble Manoj Kumar Tiwari, J.) 1. Mr. Abhijay Negi, learned counsel for the petitioner. 2. Mr. J.C. Pandey, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Regional Archaeological Officer with Cultural Department, State of Uttarakhand. According to him, he was given officiating charge as Director, which he is holding since November, 2019. 4. In this writ petition, petitioner has challenged a condition mentioned in advertisement dated 01.04.2025, which requires every candidate desirous of being sent on deputation to the post of Director, that he should have served for seven years on the post carrying Level- 10 Pay Band. 5. According to petitioner, he is holding a post, which is carrying Level- 10 Pay Band; however, his experience is only of four years, while the advertisement requires that a candidate with seven years experience alone would be eligible. 6. Learned State Counsel submits that deputation cannot be claimed as a matter of right. He further submits that for deputation, consent of all three parties, namely, lending department, 2025:UHC:3336-DB borrowing department and concerned employee is necessary and one has also to fulfil the condition, if any, mentioned in the advertisement, whereby application for deputation are invited. 7. We find substance in the submission made by learned State Counsel. No one can claim deputation as a matter of right. Since the advertisement requires seven years experience on a post having Level-10 Pay Band, which every candidate desirous of deputation has to fulfil, therefore, we do not find any reason to interfere with the advertisement. 8. However, the writ petition is disposed of with liberty to petitioner to make representation to the Competent Authority. If petitioner makes representation within seven days from today, the Competent Authority shall take decision, as per law, within six weeks thereafter, without being influenced by any observation made by this Court. (Vivek Bharti Sharma, J.) (Manoj Kumar Tiwari, J.) 01.05.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f 3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58 531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.05.14 10:44:49 -07'00' 2025:UHC:3336-DB