2025:UHC:7065-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/535/2016 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. (per : Hon’ble Manoj Kumar Tiwari, J. There is no representation for the petitioner. Mr. Puran Singh Bisht, Additional Chief Standing Counsel for the State. Mr. Ashish Joshi, Advocate for respondent No. 4/Commission through video conferencing. 2. Petitioner filed this writ petition in the year 2016 seeking the following reliefs: “a) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to convene a review Departmental Promotion Committee (DPC) for promotion on the post of Assistant Registrar Cooperative Societies and consider the name of the petitioner for promotion to the aforesaid post. b. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to give promotion to the petitioner on the post of Assistant Registrar Cooperative Societies, pay-scale of Rs. 15600- 39100, grade pay Rs. 5400/- w.e.f. the date of entitlement i.e. 29.11.2016.” 3. At the time of filing of writ petition, petitioner was serving as Cooperative Inspector Group-1. According to him, persons junior to him were promoted as Assistant Registrar, Cooperative Societies by ignoring his claim. 4. A counter affidavit has been filed in which it is stated that promotion exercise was held as per 1979 Rules, which provide that promotion to the post of Assistant Registrar, Cooperative Societies shall be made on the criteria of merit. 2025:UHC:7065-DB 5. Learned State Counsel submits that merit of a candidate has to be determined based on his ACR ratings. He submits that since as per ACR ratings of the petitioner, his score of marks was less, therefore, such persons who scored more marks than petitioner, were recommended and promoted and petitioner himself is to be blamed as he could not score sufficient marks for promotion. 6. Learned State Counsel points out that recruitment rules applicable for the post of Assistant Registrar, Cooperative Societies have undergone a change on 20.12.2016, when new rules were notified and now the criteria of seniority subject to rejection of unfit has been prescribed as the criteria for promotion. He, however, submits that promotion exercise was held before enforcement of new rules on 16.09.2016, therefore, petitioner cannot have any grievance if he was left out from promotion on account of the criteria mentioned in the then prevalent rules. 7. We find substance in the submission made by learned State Counsel. In merit criteria for promotion, seniority takes a back seat. The new Rules enforced on 20.12.2016, cannot be applied retrospectively. 8. Thus, grievance raised by petitioner appears to be without any substance. Writ petition fails and is dismissed. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 11.08.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.08.12 17:53:37 +05'30' 2025:UHC:7065-DB