2024:UHC:8552 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 1 5 1 4 / 2 0 2 3 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Shobhit Joshi, learned counsel for the petitioner. 2. Mr. Sushil Vashisth, learned Brief Holder for the State of Uttarakhand. 3. Petitioner is serving as Messenger in Police Department. The promotional post available to him is that of Workshop Assistant. According to petitioner, the available posts of Workshop Assistant have been reduced, which has resulted in reduction of promotional avenues to persons serving as Messenger. 4. The reliefs, sought in the writ petition, are as follows: - (i) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 30.05.2019 (Annexure No. 1) passed the respondent to the extent that 24 posts of Constable (Police Telecommunication)/ Workshop Assistant in the Police Telecommunication Department have been restructured and reduces to 6 posts and have been declared as Dying Cadre. (ii) To issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to consider the case of the petitioner for promotion on the basis of U.P. Police Radio Subordinate Service Regulation, 1982. 5. A counter affidavit has been filed by Mr. Basant Ballabh Tewari, Superintendent of Police (Telecommunication) Headquarter, Police Telecommunication Headquarters, Dehradun on behalf of respondent nos. 2 2024:UHC:8552 & 3. In para 3 of the counter affidavit, it is mentioned that there were six posts of Workshop Assistant, which were to be filled by promotion of Group ‘D’ employees, and further that six posts, meant for promotion of Group ‘D’ employees, are still available to Messenger. 6. Learned State Counsel submits that only the direct recruitment quota posts of Workshop Assistant were declared as dying cadre and the promotion quota posts are not affected by that decision. 7. Since the quota of promotion available to the petitioner remains intact, therefore, there is no scope for interference in the matter. The relief, as sought in the writ petition, cannot be granted. 8. Accordingly, the writ petition is dismissed. However, petitioner shall be at liberty to challenge the Recruitment Rules, if so advised. ( Man oj Ku m ar Tiw ar i, J) 15.05.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.05.15 03:29:12 -07'00'