Dehradun: For many years, gardeners in the horticulture department have been deprived of promotion policies as they still don’t get assured career progression ( ACP ) and other benefits. Two such employees approached the Uttarakhand high court. Citing the settled possession in law, the HC said that no direction can be issued to the legislature to frame rules.
However, the HC permitted petitioners to make representation to the state government in the matter, highlighting their grievances.
In 1989, Omprakash Singh Rawat was appointed as a gardener under the herb development scheme, which was an adjunct to the cooperative department. Similarly, Kamlendra Yadav was appointed as a supervisor under the same scheme in 1999. Later, the scheme, as well as the employees working under it, were transferred to the horticulture department in 2006.
In government order, it is mentioned that till the framing of service rules for the transferred employees, conditions would be governed by executive instructions. Rawat and Yadav raised grievances that service rules have not been framed so far even after more than 16 years of transfer of the scheme to the horticulture department. They further said that it has resulted in the denial of their right to be considered for promotion and in the absence of service rules, there is no clarity regarding promotional avenues available to them.