Writ Petition (S/B) No. 142 of 2016. Case: Rajeev Lochan Sharma Vs State of Uttarakhand and Ors.. Uttarakhand High Court
| Case Number | Writ Petition (S/B) No. 142 of 2016 |
| Counsel | For Appellant: M.C. Pant, Advocate and For Respondents: Pradeep Joshi, Standing Counsel |
| Judges | Rajiv Sharma and Sudhanshu Dhulia, JJ. |
| Issue | Constitution of India - Articles 14, 16, 309 |
| Judgement Date | January 07, 2017 |
| Court | Uttarakhand High Court |
Judgment:
Rajiv Sharma, J.
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Petitioner was taken on deputation as a Technical Officer in the Excise Department. The case of the petitioner, in nutshell, is that taking into consideration his experience and educational qualifications, he ought to have been absorbed as Technical Officer in the Excise Department. The petitioner is B.Sc. Diploma Holder in Industrial Fermentation and Alcohol Technology.
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Petitioner has put strong reliance on Annexure Nos. 1 and 2. Annexure No. 1 has been issued by Hon'ble the Chief Minister for the absorption of the petitioner as a Technical Officer. According to the petitioner, the instructions have been issued by the Hon'ble Chief Minister for absorption of the petitioner under the Rules of Business, 1975.
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It is not in dispute that there is only one post of Technical Officer. The State Government has not framed any Recruitment and Promotion Rules for filling up the post of Technical Officer in the pay scale of Rs. 15600-39100 under Article 309 of the Constitution of India. The post of Technical Officer is to be filled up by way of Executive Order bearing No. 165 dated 1.3.2012 (Annexure No. 4).
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According to the executive order dated 1.3.2012, the post of Technical Officer is to be filled up by way of direct recruitment through Uttarakhand Public Service Commission or by way of deputation.
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The minimum qualification prescribed for filling up the post of Technical Officer is that a candidate should possess the degree of Chemistry or Pharmacology or Micro Biology in first class. The candidate is also required to possess experience in Chemistry Lab for a period of three years from an institution owned or controlled by the Central Govt. or the State Government or the candidate must be Graduate in Chemical Engineering.
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The petitioner does not possess the minimum qualification prescribed under the executive order dated 1.3.2012. The qualification acquired by the petitioner cannot be equated with M.Sc. Chemistry or Pharmacology or Micro-Biology. The petitioner only possesses the degree of B.Sc. and Diploma in Industrial Fermentation and Alcohol Technology.
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Petitioner has no legitimate expectation to be absorbed as a Technical Officer in the Excise Department. He had earlier approached this Court seeking his absorption by way of Writ Petition (S/B) No. 449 of 2012. This Court on 23.10.2013 passed the following order:-
"The principal claim in the writ petition is absorption of the petitioner in the Excise...
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