2025:UHC:1732-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA No. 160 of 2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. (1) Ms. Seema Sah, learned counsel for the appellant. (2) Ms. Prabha Naithani, learned counsel for the respondent. (3) This intra court appeal is directed against the judgment dated 10.04.2017 passed by learned Single Judge in WPSS No. 1115 of 2015. The judgment, rendered by learned Single Judge, is extracted below:- “Mr. B.S. Parihar, Advocate for the petitioner. Ms. Sonia Chawla, Advocate holding brief of Mr. Paresh Tripathi, Advocate for the respondents no. 1 & 2. The petitioner was appointed as a Guard in the Kashipur Branch of the Bank on 09.08.2007. An advertisement dated 16.10.2014 was published. The petitioner participated in the selection process. The interview was held on 17.4.2015. The case of the petitioner, in a nutshell, is that he has not been granted five additional marks/weightage for his experience for working in the bank since 09.08.2007. It has come in the counter affidavit that the petitioner has neither mentioned nor annexed the experience certificate with his application. In view of this, the petitioner’s candidature was rejected. However, the fact of the matter is that 2- 3 vacancies, according to the petitioner, are still lying vacant in the respondent bank. If it is so, the writ petition is disposed of with a direction to the respondents to consider the case of the petitioner against those 2-3 vacancies, if available, on the basis of interview dated 17.04.2015 by 2025:UHC:1732-DB taking into consideration his experience since 09.08.2007. Pending applications, if any, stand disposed of.” (4) It is not in dispute that respondent did not make any statement regarding the experience possessed by him in his application form submitted pursuant to the advertisement issued by the appellant, therefore, he was not given the marks, meant for ‘experience’. (5) Annexure 1 to the writ petition is the order of appointment dated 09.08.2007 issued by Secretary, Kurmanchal Purva Sainik Evam Nav Yuvak Uthaan Sehkarita Haldwani. Although in the said order, there is reference that petitioner was appointed in the appellant-Bank, however, the appointment letter was not issued by any Officer of the Bank. (6) Since petitioner (respondent herein) had not claimed benefit of experience, therefore, the benefit was rightly denied to him. Thus, the direction issued by learned Single Judge to consider the experience of respondent against other vacancies, if available, is unsustainable in the eyes of law. (7) Accordingly, the Special appeal is allowed. The impugned order dated 10.04.2017 is set aside. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 12.03.2025 Aswal 2025:UHC:1732-DB