2025:UHC:11634-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 30TH DECEMBER, 2025 SPECIAL APPEAL NO. 322 OF 2024 Radhesh Singh Rawat & others …...Appellants. Versus State of Uttarakhand & others …….Respondents. Counsel for the Appellants : Mr. Abhijay Negi and Ms. Snigdha Tiwari, learned counsels. Counsel for State : Mr. J.C. Pande, learned Standing Counsel. JUDGMENT :(per Mr. G. Narendar, C.J.) During the course of hearing, it has come out that after the passing of the Executive Order, the State has passed the amendment bill amending the relevant provisions, and thereby, reducing the cadre strength in the promotional post. 2. In that view, we are of the opinion that the instant appeal could be disposed of by granting liberty to the appellants to mount a challenge to the vires of the amended provision. 3. Accordingly, the instant special appeal stands disposed of by reserving liberty to the appellants to institute any proceedings if they so deem it fit and 1 2025:UHC:11634-DB question the vires of the amendment. 4. The appeal stands ordered accordingly. 5. There shall be no order as to costs. 6. As a sequel thereto, pending application, if any, shall stand closed. 7. The records are handed back to Mr. J.C. Pande, learned Standing Counsel for the State. ________________ G. NARENDAR, C.J. __________________ SUBHASH UPADHYAY, J. Dated: 30th December, 2025 NISHANT 2