The claim that there was no minimum qualifying service required in the feeder cadre of Accountants for consideration for promotion to the next higher job was rejected by the Court as having no substance: Uttarkhand High Court
The claim that there was no minimum qualifying service required in the feeder cadre of Accountants for consideration for promotion to the next higher job was rejected by the Court as having no substance is upheld by the Uttarkhand High Court in the case of Krishna Kuwar Singh Dewari & Ors. v. Kripal Singh & Ors. through a Division Bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe.
FACTS OF THE CASE
The respondent nos. 7 and 8 in the current Special Appeal were promoted to the position of Assistant Accounts Manager at the Uttarakhand Forest Development Corporation, according to the order issued by the respondent authorities which was challenged by the writ petitioners, who are the respondent nos. 1 to 4 in the current matter.
Since the appellants were not parties to the writ proceedings in which the impugned ruling was issued by the Single Judge on August 11, 2017, they requested permission to file the current Special Appeal.
The appellants have challenged the impugned order on the grounds that the learned Single Judge erroneously assumed that promotion to the position of Assistant Accounts Manager required at least 7 years of substantive service in the feeder position of Accountant.
The appellants contended that an accountant is not necessary to have a minimum amount of experience in order to be considered for promotion to the position of assistant accounts manager within the respondent corporation.
JUDGEMENT
The claim that there was no minimum qualifying service required in the feeder cadre of Accountants for consideration for promotion to the next higher job, i.e. Assistant Accounts Manager, was rejected by the Court as having no substance.
The Court further held that just because the order approving the posts of Assistant Accounts Manager did not mention the promotion rules does not imply that no rule requiring a minimum amount of time in the feeder cadre was framed or otherwise relevant for promotion.
As a result, the Special Appeal was rejected with the instruction that the Respondent Corporation act immediately to fill the openings in the cadre of Assistant Accounts Manager.
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JUDGEMENT REVIEWED BY NISHTHA GARHWAL
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