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2026 DAILYLAW 10156 (UTT)

DR PUNAM SAXENA v. STATE OF UTTARAKHAND

WPSB/542/2026 · 2026-08-20

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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UKHC010147672026 2026:UHC:7505-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Writ Petition (S/B) No. 542 of 2026 20th August, 2026 Dr. Punam Saxena -----Petitioner Versus State of Uttarakhand and others ----Respondents Presence:- Mr. Vinoda Nand Barthwal, learned counsel for the petitioner. Mr. B.S.Parihar, learned Additional C.S.C., assisted by Ms. Puja Banga, learned Standing Counsel and Mr. M.S.Bisht, Brief Holder for the State. JUDGMENT : (per Mr. Manoj Kumar Gupta C. J.) 1. The petitioner is posted as Medical Officer, District Hospital, Haridwar. She is claiming notional promotion to the post of Joint Director, w.e.f., the date her juniors were promoted to the grade of Joint Director. 2. Learned State Counsel has placed on record the instructions received from the Directorate. The stand taken therein is that the petitioner remained absent from 04.06.2012 to 15.05.2017. Subsequently, on her request, she was granted extraordinary leave for the said period. The stand taken is that in view of the aforesaid facts, she was not considered for promotion in the past, but now on her representation, the Directorate has forwarded the matter to the State Government for appropriate decision 1 UKHC010147672026 2026:UHC:7505-DB as the post of Joint Director is a State level post and the appointing authority for the said post is the State Government. 3. Learned State Counsel states that the State Government will take decision in the matter expeditiously. 4. Accordingly, the writ petition is disposed of with direction to respondent no.1 to take appropriate decision in respect of the claim of the petitioner for grant of notional promotion to the Joint Director grade, within a period of eight weeks from the date of communication of the instant order along with a fresh representation. 5. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 20.08.2026 Kaushal 2