Extracted from the PDF above. The PDF is authoritative.
2026:UHC:1444-DB S L . N o . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
W PSB No.2 78 of 2 0 22 T.N. Jowhar
….Petitioner Vs Union of India & others
…..Respondents Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Pan k aj Pu r oh it , J.
Mr. Tarun Lakhera, learned counsel for the petitioner.
2. Mr. Rajesh Sharma, learned CGSC for the Union of India.
3. Petitioner was serving as Scientist in Wadia Institute of Himalayan Geology, Dehradun and he retired on 30.11.2015 from the post of Scientist ‘E’. According to him, he was entitled for promotion to the post of Scientist ‘F’ w.e.f. 01.04.2010, while the said benefit was given to him w.e.f. 22.11.2012.
4. By means of present writ petition, he has sought the following reliefs: -
“(i) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to give promotion to the petitioner w.e.f 01.04.2010 (the date on which he became eligible) instead of
22.11.2012. (ii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to grant in-situ promotion to the petitioner from the date he became eligible alongwith all consequential benefits.”
5. Mr. Rajesh Sharma, learned counsel appearing for the Union of India submits that if petitioner is entitled for the benefit as he has claimed in the writ petition then he could have approached the Competent Authority by making representation.
6. This Court finds substance in the submission made
2026:UHC:1444-DB by learned counsel for the petitioner.
7. Since petitioner has sought a writ of mandamus, he should have first approached the Competent Authority by making a formal demand.
8. Having regard to the facts and circumstances of the case, writ petition is disposed of with liberty to petitioner to make representation. If he makes representation to the Competent Authority within two weeks, decision thereupon shall be taken as per law within three months thereafter.
( Pan k aj Pu r oh it , J.) ( Man oj Ku m ar Tiw ar i, J.)
27.02.2026 AK
2026:UHC:1444-DB