High Court · 2025

1. Mr. Vinod Tiwari, learned counsel for t he pet it ioner. 2. Mr. D.K. Bankot i, Holder for t he St at e of Ut t arakhand. 3. Mr. Sobhit Saharia, learned counsel for respondent no. 2. learned Brief

4. Pet it ioner, who was serving as Senior Adm inist rat ive Officer in Dist rict Judgeship at Pit horagarh, filed t his writ pet it ion in 2021, seeking t he following reliefs: - ( i) To issue a wr it order or direct ion in t he nat ure of cert iorari t o quash t he im pugned advert isem ent dat ed 10.12.2021 ( Annexure No. 1) issued by t he r espondent no. 2. ( ii) To issue a wr it order or direct ion in t he t he nat ure respondent s t o prom ot e t he pet it ioner on t he post of Chief Adm inist rat ive Officer on t he basis of senior it y. of m andam us direct ing t he / not ificat ion is aggrieved by t he 5. Pet it ioner im pugned st ipulat ion advert isem ent dat ed 10.12.2021 t hat prom ot ion t o t he post of Chief Adm inist rat ive Officer shall be m ade on t he crit eria of m erit , aft er holding a suit abilit y t est . He cont ends t hat since t here is no reference t o t he post of Chief Adm inist rat ive Officer in Rule Ut t arakhand Subordinat e Civil Court s Minist erial Est ablishm ent Rules, 2007, t herefore, prom ot ion t o t he said post has t o be 20( 5) t he t o m ade on t he crit eria of ‘seniorit y’ and not ‘m erit ’. He also relies upon a not ificat ion whereby dat ed 22.12.2016, ‘Det erm inat ion of Eligibilit y Period Prom ot ion t he Post of Minist erial Grade Cadre in Service Under t he St at e of Ut t arakhand Rules’, was am ended. Rule 4( 1) of t he said Rule provides t hat t he post of Chief Adm inist rat ive Officer shall be filled by prom ot ion by applying crit eria of seniorit y subj ect of rej ect ion of unfit , subst ant ively am ongst appoint ed Senior Adm inist rat ive Officers, who have served as such for m inim um one year on t he first day of relevant year of recruit m ent and have also rendered t ot al service, not less t han 25 years.

6. A count er affidavit is filed by Mr. Kapil Kum ar Tyagi, Chief Judicial Magist rat e, Pit horagarh, st at ing t hat t he post of Chief Adm inist rat ive Officer was creat ed aft er im plem ent at ion of st affing pat t ern, in t erm s of Governm ent Order dat ed 05.04.2017. I t is furt her st at ed t hat nam ely, Senior Adm inist rat ive Officer, Sadar Munsarim ( Adm inist rat ive Officer) and Reader ( Adm inist rat ive Officer) were Grade- I ‘Chief redesignat ed as upgraded and Officer’, Adm inist rat ive im plem ent at ion of st affing pat t ern. post s, t hree t hat Shobhit Saharia, t he Rules learned 7. Mr. counsel appearing for respondent no. 2 relied by subm it s ‘Det erm inat ion of pet it ioner, nam ely, Eligibilit y Period t he Post of Minist erial Grade Cadre in Service Under t he St at e of Ut t arakhand Rules, 2011’ t he est ablishm ent under t he cont rol of t he High Court and t he said Rules are applicable only t o subordinat e Offices of for Prom ot ion applicable t o t o t he St at e Governm ent . He refers t o Rule 2 of t he said Rules for but t ressing t his cont ent ion. find subst ance

8. We t he said subm ission. Rule 2 of t he said Rules provides t hat t hese Rules shall apply in t he m at t er of prom ot ion t o Minist erial Cadre in Offices subordinat e t o t he St at e Governm ent and furt her t hat t he said Rules shall not apply t o Ut t arakhand Secret ariat , St at e Legislat ive Assem bly, Lokayukt a, Public Service Com m ission, High Court and High Court Advocat e General & est ablishm ent under it s cont rol. Learned counsel for t he pet it ioner 9. subm it s t hat Rule 20( 5) of Ut t arakhand Subordinat e Civil Court s Minist erial Est ablishm ent Rules, 2007 alt hough provides t hat post s of Sadar Munsarim and Senior Adm inist rat ive Officer are select ion post s and t he Dist rict Judge can conduct suit abilit y t est of t he persons serving on t he feeder post s, however, since t he crit eria for prom ot ion t o t he post of Chief Adm inist rat ive Officer is not provision, prescribed t he t herefore, Chief Adm inist rat ive Officer has t o be filled by prom ot ion on t he crit eria of ‘seniorit y subj ect t o efficiency’ as per provision cont ained in Rule 20( 2) of t he said Rules. t he cam e

10. The said cont ent ion is bereft of m erit . The post of Chief Adm inist rat ive aft er Officer int o im plem ent at ion of st affing pat t ern t erm s of Governm ent Order dat ed 05.04.2017 and earlier, post of Chief Adm inist rat ive Officer, was not available t he est ablishm ent of subordinat e court s. Therefore, t he Rules are silent regarding crit eria for prom ot ion t o t he said post . However, prom ot ion exercise cannot be kept in abeyance for in definit e period as persons, serving on t he lower post s, have a legit im at e expect at ion and t hey also have a right t o be considered t he Com pet ent for prom ot ion. Thus, Aut horit y right ly init iat ed t he exercise for supplying available vacancy on t he post of Chief Adm inist rat ive Officer, by prom ot ion. 20( 5) Munsarim t o Officer, subordinat e Ut t arakhand 11. Rule Subordinat e Civil Court s Minist erial Est ablishm ent Rules, 2007 provides t hat Senior Sadar Adm inist rat ive posit ions Chief Adm inist rat ive Officer, shall be filled by prom ot ion on t he crit eria of m erit - cum - seniorit y. The Rules also provide for holding suit abilit y t est for prom ot ion t o t he aforesaid t wo posit ions. Thus, t he cont ent ion Chief t hat t he Adm inist rat ive Officer, which highest posit ion in t he m inist erial cadre, should be t he crit eria of filled on seniorit y alone, cannot be accept ed.

12. I n every Governm ent Organisat ion, prom ot ion t o t he highest posit ion in a cadre is required t o be m ade on t he crit eria of “ m erit ” unless t he applicable Rules provide ot herwise. I n t he present case, Sadar Munsarim and Senior t he Adm inist rat ive Officer, which are feeder post s for prom ot ion t o t he post of Chief Adm inist rat ive Officer, are required t o be filled on t he crit eria of m erit ; in t he post of Chief such a sit uat ion, t he Adm inist rat ive Officer, which t o highest prom ot ional post available m inist erial em ployees, t he direct ed filled by applying cannot t o be crit eria of seniorit y, as cont ended by t he pet it ioner. condit ions

13. Even ot herwise also, Ut t arakhand Subordinat e Civil Court s Minist erial Est ablishm ent Rules, 2007 governs t he m inist erial service em ployees serving in civil court s and also lays down crit eria of prom ot ion t o various post s. Nam e of t he Rules, relied by t he pet it ioner, nam ely, Det erm inat ion of Eligibilit y Period for Prom ot ion t o t he post of Minist erial Grade Cadre in Service Under t he St at e of Ut t arakhand Rules, 2011 it deals wit h t hat m inim um qualifying service needed for prom ot ion subordinat e Governm ent Office. The crit eria for prom ot ion t o t he post of Chief Adm inist rat ive Officer, if m ent ioned in t he said Rules, will not override t he crit eria of prom ot ion m ent ioned Ut t arakhand Subordinat e Civil Court s Minist erial Est ablishm ent Rules, 2007. t o a m inist erial post suggest s t he pet it ioner cont ended

14. Mr. Vinod Tiwari, learned counsel t hat prom ot ion exercise is t o be held as per Rule 13 of t he Ut t arakhand Subordinat e Civil Court s Minist erial Est ablishm ent Rules, 2007 and it provides t hat select ion t hrough Ut t arakhand Public Service Com m ission. t o be held

15. The said cont ent ion is bereft of m erit . Rule 13 lays down t he procedure of direct recruit m ent t o t he service and it t o prom ot ion of has no applicat ion t o higher exist ing m em ber of service post . I n such view of t he m at t er, we do 16. not find any reason t o int erfere wit h t he im pugned not ificat ion dat ed 10.12.2021. dat ed

06.01.2022

17. A coordinat e Bench of t his Court provided t hat t he select ion process in t erm s of im pugned not ificat ion m ay cont inue, but no final decision shall be t aken by t he Aut horit ies t hereon, wit hout express leave of t his Court .

18. We, accordingly, dispose of t he writ pet it ion by perm it t ing Dist rict Judge, Pit horagarh t o declare t he result of t he select ion held pursuant t o t he im pugned not ificat ion dat ed 10.12.2021 and t o act upon t he recom m endat ion m ade by t he Select ion Com m it t ee, wit hin six weeks from t oday.

19. Regist ry is direct ed t o com m unicat e t his order t o concerned Dist rict Judge, wit hin 48 hours. ( A sh i sh N a i t h a n i , J.) ( M a n o j K u m a r Ti w a r i , J.)

13.05.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d 1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F46 10C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL