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JUDGMENT (Arising out of SLP (C) No. 12966/2005) Dr. AR.Lakshmanan, J Leave granted.

This civil appeal is preferred against the final order and judgment of the High Court of Uttaranchal at Nainital, which held that, it was appropriate to consider the grant of discretionary relief to the Respondent in his promotion and consequential benefits.

The brief facts of the present matter are enumerated below.

On 25.10.1977, the respondent, Mr. Dinesh Kumar Sharma was appointed as Subordinate Agriculture Services Group-I on the post of Senior Chemical Assistant, Research (Chemistry) Branch through the Public Service Commission, U.P. Allahabad. Fifteen years service in Subordinate Agriculture Service Group-I is the eligibility criteria for being considered for next higher promotion. In the year 1992-93, respondent became eligible for the said promotion. On 31.03.1995, the Governor of Uttar Pradesh promulgated U.P. Agricultural Group II Service Rules 1995 providing for the selection, appointments, probation, seniority, promotion etc. Rule 21 states that the date of substantive appointment will be the basis of promotion. On 01.04.1996 and 01.05.1996, two class-II posts in the Hill sub cadre became vacant due to retirement of two officers. These appointments were to be made by Direct Recruitment as well as Promotion. Rule 17 states that, if in any year of recruitment appointments are made both by direct recruitment and promotion a combined select list be prepared by taking the names from the relevant list and "the first name in the list will be of the person appointed by promotion".

We are also of the view that the right to constitute the selection committee against the vacancy is vested in the government, and after adopting the due procedure of selection, the respondent had been substantively appointed by an order issued by the Secretary, Agriculture, Government of U.P dated 19.11.1999 and this decision of the Government in our view does not call for interference. The order is reproduced as under:

"Government of U.P Agriculture: Section-I No. 5653/12-1-99-232/96 Lucknow, 19.11.1999 OFFICE- MEMO Regarding promotions of Sub-ordinate-Agricultural Services Class-I (Chemistry Branch) as reserved for temporary posts and also for the appointments to regular posts in Agricultural Services Group 'B' Service Rules 1995 as provided therein and according to the provision of U.P.Public Service Commission Advisory Committee for the promotions of selected candidates (Procedure & Rules of 1970) and according to the advice and on the basis of the circumstantial provisions of U.P.Public Service Commission, Allahabad, regarding the selection procedural basis the Hon'ble Governor had recommended the name of Shri. Dinesh Kumar Sharma of Sub-ordinate Agricultural Services Class-I (Chemistry Branch) for being filled against the vacancy so created and existed in the year 1997-98 to the post of Assistant Mrida Chemist to the pay scale of Rs.8000/--275/-- 13,500/- being Regular Temporary appointment is hereby being recommended.