High Court · 2025

Mr. Sanj eev Raina, Deput y I nspect or General, I TBP. Paragraph no. 9 of t he said count er affidavit is ext ract ed 2 below: - “ Averm ent s as st at ed in t he pet it ion are denied. That in reply t o t he cont ent s of paragraph No. 11 of Writ Pet it ion, it is subm it t ed here t hat t he case of t he pet it ioner for relaxat ion in 15 years Group " A" service by one m ont h & 12 days was t aken up wit h MHA. However, t he Minist ry aft er consult at ion wit h DoP&T, not agreed for t he sam e because prot ect ion ( Relaxat ion from 10 years regular service) was already provided t o t he pet it ioner in t he RRs because of his holding t he post of DC ( Engr.) on regular basis t he dat e of not ificat ion of revised RRs i.e.

21.6.2012. Since pet it ioner was t o be considered for prom ot ion under t he already relaxed condit ion provided in t he RRs, t herefore, t he m inist ry did not it proper t o furt her t he eligibilit y condit ion in his case and hence, rej ect ed his case. Moreover, it is t he prerogat ive of t he com pet ent aut horit y in Minist ry t o t he condit ion of eligibilit y and t he sam e cannot be claim ed as a Right .”

5. Since pet it ioner did not m eet t he eligibilit y condit ions for prom ot ion t o t he post of Com m andant ( Engineer) , he sought relaxat ion t he condit ion of eligibilit y of residency period. Respondent has decided not t o grant him relaxat ion for valid reasons.

6. Law is well set t led t hat relaxat ion cannot be claim ed as a m at t er of right and every person has t o be eligible as per t he recruit m ent Rules. Adm it t edly, pet it ioner was not eligible as per t he recruit m ent Rules, t herefore, we do not find any scope for int erference in t he m at t er. 3

7. Mr. D.C.S. Rawat , learned counsel t he respondent s subm it s t hat at t he t im e of filing of t he writ pet it ion, pet it ioner was 57 years of age, t he writ pet it ion was filed in 2016, t herefore, he m ust have ret ired in

8. For t he aforesaid reasons, we do not find any scope for int erference. The writ pet it ion fails and is dism issed. No order as t o cost s. ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.) 03.06.2025 Navin NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82 a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF5 6D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA 4