2025:UHC:5925-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA/340/2018 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. R.C. Tamta, Advocate for the appellant. 2. Mr. Tarun Mohan, Brief Holder for the State of Uttarakhand / respondent no. 1. 3. Mr. Pankaj Chaturvedi, Advocate for the respondent nos. 2 & 3. 4. This intra court appeal is directed against final order dated 04.04.2018, passed by learned Single Judge in WPSS No. 1206 of 2010. By the said order, the writ petition filed by appellant claiming promotion in accounts cadre was dismissed. The impugned order is reproduced below for ready reference:- “The petitioner is seeking promotion to the post of Accountant. The petitioner was appointed as Stenographer. In the stream of Stenographer, there are promotional avenues. According to Uttarakhand Jal Sansthan Employee Service Rules, 2004, Assistant Accountant and Auditor are eligible to be considered for promotion. Accordingly, there is no merit in the petition and the same is hereby dismissed.” 5. It is not in dispute that the appellant was appointed as Stenographer. There is no channel of promotion from the post of Stenographer to the post of Accountant. Appellant claimed promotion based on his higher qualification, as he contended that he possesses M.Com. qualification, which is highest qualification in the relevant branch, therefore, he is more suitable than others, who were promoted as Accountant. 6. Learned counsel for the appellant further submits that persons with lesser qualification serving in ministerial cadre 2025:UHC:5925-DB were promoted to the accounts cadre, however, claim of the appellant was completely ignored. 7. Learned counsel for the respondent nos. 2 & 3, however, submits that Stenographer is a different cadre altogether and member of that cadre cannot be promoted to any other cadre and there are avenues of promotion available to Stenographers within their cadre. He further submits that other persons, whom appellant is referring, were initially appointed in ministerial cadre and pursuant to a decision taken by the Board of Directors in the year 1993, some of them were merged in accounts cadre. He submits that appellant cannot claim parity with members of ministerial cadre, as appellant belongs to a different cadre altogether. 8. We find substance in the said submission made by learned counsel for the respondent nos. 2 & 3. 9. Even otherwise also, promotion is governed by statutory Rules or executive instructions. Appellant has not been able to show any statutory provision or any Government Order in support of his contention that Stenographers are entitled for promotion in the accounts cadre. The reasoning given by learned Single Judge is correct. 10. We do not find any scope for interference in the matter. The special appeal fails and is dismissed. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 09.07.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A10381 9DA875643AF56D653D095C6ED9A86DAAB21C E5, cn=NAVEEN CHANDRA Date: 2025.07.14 10:21:10 +05'30'