Uttarakhand High Court
Tahir Khan vs G.B. Pant Agriculture And Technology ... on 26 April, 2018
Equivalent citations: AIRONLINE 2018 UTR 646
Author: Alok Singh
Bench: Alok Singh
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition No. 1540 (SS) of 2017
Tahir Khan ...........Petitioner.
Versus
G. B. Pant University of Agriculture and Technology, Pantnagar,
District- U. S. Nagar, Through its Registrar and others.
...... Respondents.
Present:
Mr.Alok Mehra, Advocate for the petitioner.
Mr. Paresh Tripathi, Advocate for the respondents.
Hon'ble Alok Singh, J.
Petitioner has approached this Court seeking following reliefs:
"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 30.12.2015 passed by respondent No. 3 (Annexure No. 5 to this writ petition).
ii. Issue a writ, order or direction in the nature of mandamus directing the respondent not to interfere in the working of the petitioner on the post of Junior Assistant and further pay him regular salary for the post of Junior Assistant.
iii. issue a writ, order or direction in the nature of mandamus directing the respondents to grant annual increments, seniority and other service benefit to the petitioner as it has been given to other persons who were regularized along wit the petitioner on 18.02.2014."
1. Petitioner was initially appointed on 03.05.1995 under the employment of the respondent-department on daily wage basis as Dispatch/ Bill Clerk in Water Division of G. B. Pant Agriculture and Technology, University, Pantnagar. As a Bill Clerk, the petitioner handled the work of accounts in water division. On 21.11.2011, The Government of Uttarakhand notified the Regularization Rules, the same Rules were adopted by the University and a selection committee for regularization was constituted by the competent authority. On the recommendation of the selection committee, 14 daily wage employees of Group-C were regularized on 18.02.2014 on the post of Junior Assistant in the pay scale of Rs.5200-20,200 (Grade pay of Rs.2,000/-) and the name of the petitioner is shown at serial No. 12 in the said order. In pursuance of the appointment letter, the petitioner joined his duties against the sanctioned post as Junior Assistant and completed his probation period successfully.
2. On 30.12.2015, the Department issued the letter No. PMS (B)/AO-III/letter No. 96/436 by which the petitioner has been demoted to Class IV post of mate. It was argued that the respondent- Department has not applied its mind while passing the impugned order dated 30.12.2015. After passing of impugned order, petitioner moved an application before the respondent department on 06.01.2016 for redressal his grievance. The application of the petitioner has been considered by the authority on 15.01.2016 and passed an order that the case of the petitioner shall be considered and one more opportunity may be given to the petitioner for proving his efficiency in typing.
3. Learned counsel for the respondents-University has submitted that the petitioner was appointed on the post of Junior Assistant and the authority has assigned work from time to time as per designation. It is further submitted that as per the condition of appointment letter that the petitioner was required to attain the prescribed typing speed within six months but he did not attain the same even though as many as three attempts were provided to him by the department. It was argued that thus, the petitioner is not entitled for the said post because he does not fulfill the condition prescribed in the appointment letter issued by the Department.
4. Since, the petitioner has not acquired the necessary qualification/typing speed, as was prescribed in the appointment letter issued to him, the Department has rightly demoted the petitioner on Class IV post. I do not find any illegality or incorrectness in the order, under challenge.
5. Accordingly, petition fails and is hereby dismissed. No order as to costs.
(Alok Singh, J.) 26.04.2018 Pankaj