(Court’s order whether the case is or not approved for reporting.) v. State of Uttaranchal

Judgment

1. State of Uttaranchal, through Principal Secretary (Revenue).

3. Chief Revenue Commissioner, Uttaranchal, Dehradun. Commissioner, Kumaon Mandal, Nainital.

4. District Magistrate, Bageshwar.

Sri Badri Singh Rautela, Sri Deewan Singh Bisht, Sri Shiv Dutt Joshi, (respondents no. 5, 6 and 7 presently undergoing training of Supervisor Kanoongo).

8. District magistrate, Pithoragarh. …………..Respondents. Sri U.S. Kalakoti, Advocate for the petitioner. Learned Standing Counsel for the respondents. Dated: 21.03.2006 Hon’ble Rajesh Tandon, J. By the present writ petition, the petitioner has prayed for a writ of Mandamus commanding the respondents no. 1, 2, 3 and 4 to correct the seniority list and consider the petitioner for selection of Supervisor Kanoongo training. Briefly stated, the year, 1977, the petitioner successfully completed the training of Patwari and was placed at Serial No. 21 in the merit list and his rank was 7th in the District. On 04.02.2006, the Chief Revenue Commissioner, Uttaranchal, Dehradun vide its letter No. 1673/7/(Su.Ka. Pra. 0/2006 dated 04.02.2006 directed the Commissioner of Kumaon and Garhwal region to select the Patwaries of Hill Cadre for ‘Supervisor Kanoongo’ training on the basis of merit and a list of the Patwaries to be selected fro Supervisor Kanoongo training was also enclosed. The list of patwaries related to petitioner for district Almora is quoted below:- Jh nkeksnj ikUMs Jh eFkqjk nRr ikUMs 469 1 ^^1. 2- 3- 4- 5- 6- 7- 8- 9- 10- 12- 13- 14- 15- 16- 16- 17- 18- 19- 20- 21- 22- 23- 24- 25- 26- 27- 28- 29- 30- 31- 32- 457] 1@2 2 453] 1@2 3 448] 1@2 4 447] 1@2 5 436] 1@2 6 Jh uUnu flag Jh cgknqj flag xksfoUn flag Jh nhok flag Hkqou pUnz dkUMiky iq= yhyk /kj Jh xksjh nRr Jh izrki flag Jh eksgu flag nsoh nRr JZh fo’ku flag Jh iku flag u;ky 436] Jh f=ykspu flag Jh [kh;kuUn Jh xksdqykuUn Jh ghjk oYyHk 436 435 Jh yksyk th Jh HkkxhjFk Jh nqxkZnRr HkV~V tks’kh 425 Jh xaxknRr tks’kh Jh x.ks’k nRr Jh cnzh nRr Jh Hkwiky flag Jh ghjk flag fc"V 425 423 422 7 8 9 10 11 12 13 Jh d`".k xksiky Jh yhyk/kj iar 421] 1@2 14 nkSyr jke Jh 'ksj flag Jh uSu flag Jh egsUnz flag Jh HkwisUnz flag Jh uj flag 416] 1@2 15 416] 16 414] 1@2 17 Jh [kq’kky flag Jh tokgj flag 413] 1@2 18 Jh nku flag Jh nsc flal vf/k0 412] 1@2 19 Jh nhoku flag Jh Hkqou flag 411] 1@2 20 Jh gjh’k pUnz Jh fnoku jke vf/k0 411] 1@2 21 Jh Hkqou pUnz dukZVd Jh fc’ku nRr Jh jktsUnz flag Jh tsr flag Jh jke flag Jh thou pUnz Jh i`Foh flag Jh ujUn flag Jh jru flag usxh Jh jke nRr Jh mns jke Jh mejko flag 411 407 406 406 22 23 24 25 405] 1@2 26 402 27 Jh cgknqj flag Jh lkscu flag yVoky 404] 1@2 28 Jh cPph flag Jh eksgu flag 399 29 Jh ukjk;.k flag Jh nku flag thuk 393] 1@2 30 Jh txnh’k pUnz Jh xqlkbZ nRr cgknqj flag 'kkscu flag 387] 31 384] 1@2 32 4 6 10 13 14 10 21 22 23 25 34 36 41 42 51 53 55 58 60 61 62 63 69 70 71 72 74 75 76 79 82 83 Three more patwaries were sent for training. At present 18 patwaries have been sent for training of Supervisor Kanoongo in the Kumaon Region. The grievance of the petitioner is that the patwaries are selected for training of Supervisor Kanoongo on the basis of seniority, but in the instant case, the patwaries, who were junior to him have been selected for the training. Sri Badri Singh Rautela, Sri Deewan Singh Bisht, Sri Shiv Dutt Joshi (respondents no. 5, 6 and 7) are junior to the petitioner and are placed at Serial No. 26, 73 and 84 respectively whereas the petitioner is placed at Serial No. 21 in the merit list. The petitioner has submitted that the date of joining of respondent nos. 5, 6 and 7 has been recorded as 13.01.1978 and only on that basis, they were selected for the training through the result or patwari training for the year, 1977 had been declared on 30.01.1978, which is also evident from the certificate given to the petitioner for patwari training on

30.01.1978. It appears that taking into consideration the wrong joining date i.e. 13.01.1978, respondents no. 5, 6 and 7 have been sent on training of Supervisor Kanoongo due to which the seniority of petitioner has been affected. Being aggrieved by the aforesaid action of the authorities concerned, the petitioner sent various representations. One of them has been filed on 10.02.2006. The petitioner has submitted that at present 22 posts of Supervisor Kanoongo are vacant and only 18 Patwaries are undergoing for the same. In my view, by not sending he petitioner for training, as he is senior to the respondents, the respondents have violated Article 14 of the Constitution of India, therefore, the respondents concerned are directed to correct the seniority list and decide the representation of the petitioner dated

10.02.2006 within a period of two weeks from the date of presentation of the certified copy of the order sending the petitioner training of Supervisor Kanoongo as petitioner who has been placed at Serial No. 21 is also entitled for promotion. Writ petition is disposed of. No order as to costs.

21.03.2006 Rathour (Rajesh Tandon, J.)