2025:UHC:9383 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1724/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. C.K. Sharma, learned counsel for the petitioner. 2. Mr. N.K. Papnoi, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Yogesh Pacholia, learned counsel for the respondent-Nagar Nigam Almora. 4. Petitioner is a Group ‘D’ employee serving in Nagar Nigam Almora. According to him, Group ‘D’ employees have a quota in promotion to post of Junior Clerk; petitioner is the senior most Group ‘D’ employee in Nagar Nigam, therefore, he has a preferential right of promotion to a Group ‘C’ post of Junior Clerk. It is further contended that petitioner earlier filed Writ petition (S/S) No. 1847 of 2019, which was disposed of on 29.09.2024, directing the Competent Authority to consider petitioner’s representation. 5. Learned counsel for the petitioner submits that in terms of order passed by this Court, the Competent Authority referred the matter of the petitioner of promotion to State Government; now exercise for supplying available vacancy of Group ‘C’ post of Junior Clerk has begun in Nagar Nigam Almora and there are as many as two vacancies on promotion quota posts, however, petitioner is not being considered for promotion against those vacancies. 6. Right to be considered for promotion is a Fundamental Right, 2025:UHC:9383 therefore, such valuable right cannot be denied to a Government employee or an employee of a Statutory Body. 7. Merely, because petitioner’s case was referred to State Government is not a sufficient reason for not considering his claim for promotion, the writ petition is, accordingly, disposed of with a direction to Municipal Commissioner, Almora to consider petitioner’s claim for promotion in the ongoing promotion exercise, provided petitioner makes an application for that purpose, within one week from today. 8. It goes without saying that consideration for promotion shall be as per the provisions of Uttarakhand Palika (Centralised) Employees Service Rule. 9. Learned counsel for Nagar Nigam undertakes to communicate this order to Municipal Commissioner, Almora during the course of the day. (Manoj Kumar Tiwari, J) 17.10.2025 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=eacc6757ee7881e933ff8934f07477005aa8 5f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D2 6F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.10.17 03:59:45 -07'00' 2025:UHC:9383