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2026 DAILYLAW 4347 (UTT)

SANJEET CHAUDHARY v. CHAIRMAN AND MANAGING DIRECTOR TEHRI HYDRO DEVELOPMENT CORPORATION T H D C INDIA LTD.

WPSS/1481/2021 · 2026-04-30

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:3297 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1481/2021 Hon’ble Manoj Kumar Tiwari, J. Ms. Prabha Naithani, Advocate for the petitioner. Mr. Shobhit Saharia, Advocate for the THDC. 2. Petitioner was initially appointed as Draftsman (Trainee) w.e.f. 16.11.1989 in Tehri Hydro Development Corporation (THDC) India Limited. At the time of his appointment, he possessed certificate in Draftsman (Civil) trade from an Industrial Training Institute. He was subsequently promoted as Junior Supervisor (Environment) on 16.03.2001; thereafter, he was promoted to S-2 Grade in 2004, to S-3 Grade w.e.f. 2007, and further to S-4 Grade in 2009. 3. Because of change in Promotion Policy, petitioner was considered for promotion to Executive Cadre and permitted to participate in promotional exercise held in 2017, and he was promoted to E-1 Grade (Executive Cadre) in 2017. 4. Petitioner had made a representation to permit him to participate in promotional exercise for the post of Deputy General Manager (E-3), held in 2021. His representation was rejected vide order dated 18.06.2021 on the ground that qualification possessed by him, is not as per Promotion Policy, applicable in THDC. 5. By means of this writ petition, petitioner has 2026:UHC:3297 challenged result of DPC, declared on 17.07.2021, and he has also challenged rejection of his representation vide order dated 18.06.2021. 6. Learned counsel appearing for THDC, however, refers to Annexure-1 to the Promotion Policy, which is on record at page 28 of the writ petition, for contending that one should possess BE/B.Tech with M.Tech in Environmental Engineering from recognized Indian University or Institute recognized by appropriate statutory authority/Doctorate for promotion beyond the post of DGM. 7. He submits that petitioner does not possess BE/B.Tech with M.Tech qualification and he relies upon a mark sheet of M.Sc. obtained from Eastern Institute for Integrated Learning and Management (EIILM) University, Sikkim. He submits that since petitioner obtained M.Sc. degree from that University, through distance learning mode, however, it is not known whether the Distance Education Council has granted recognition to said University for conducting M.Sc. degree through distance learning mode. 8. He further submits that as per Annexure-1 to the Promotion Policy, M.Sc. degree in Environmental Science & Ecology has to be obtained either in regular or part time mode, and Annexure-1 is absolutely silent as regards distance learning mode. 2026:UHC:3297 9. He further submits that petitioner has not submitted M.Sc. degree with competent authority in THDC and he has placed reliance upon the mark sheet, alleged to have been issued by the aforesaid University. 10. Learned counsel for the petitioner concedes that M.Sc. degree was not supplied by the petitioner to the competent authority in THDC. 11. The writ petition is, therefore, disposed of by permitting petitioner to submit his M.Sc. degree along with all relevant documents, as desired by the employer, within two weeks from today. The competent authority in THDC shall examine the M.Sc. degree in Environmental Science & Ecology of the petitioner and pass necessary order after examining the validity of M.Sc. degree with reference to Annexure-1 of Promotion Policy, applicable in THDC, within four months thereafter. (Manoj Kumar Tiwari, J.) 30.04.2026 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B 8F, cn=MAHINDER SINGH Date: 2026.04.30 14:31:32 +05'30'