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2026 DAILYLAW 2838 (UTT)

SHASHANK RANA v. STATE OF UTTARAKHAND

WPSS/607/2026 · 2026-02-26

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:1349 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/607/2026 Hon’ble Manoj Kumar Tiwari, J 1. Ms. Amreen Bano, learned counsel for the petitioner. 2. Mr. Pradeep Hairiya, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner was given compassionate appointment as Beldar in Irrigation Department in the year 2015. In this writ petition, petitioner has sought the following reliefs:- (i) Issue a writ, order or direction in the nature of mandamus directing the respondents to give the promotion along with the minimum Pay Scale to the aforesaid petitioner. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to give the effect of the Circular dated 13.06.2003 “Norm No. 3” (Annexure No. 3 Colly). (iii) Issue a writ of mandamus directing the respondent pass the order according the representation on dated: 03.12.2025 made by the aforesaid petitioner. 4. Petitioner relies upon a document enclosed as Annexure 3 to the writ petition. Perusal of the said document indicates that it is minutes of a meeting held on 13.06.2003. In the said meeting, the question of promotion of industrial workers was considered, in which, inter alia decision was taken that minimum qualifying service needed for promotion would be three years. 5. Learned counsel for the petitioner 2026:UHC:1349 submits that petitioner is entitled to regular promotion after every three years; the said argument is based on the document enclosed as annexure 3 to the writ petition. 6. The said document, however, does not support the contention made by learned counsel for the petitioner. No Government Order or Statutory Rules were shown by learned counsel for the petitioner, which provides for automatic promotion of the employees of Irrigation Department upon completion of three years of service. Thus, the relief as claimed by petitioner cannot be granted. 7. The writ petition, however, is disposed of by providing that the Competent Authority in the Department shall examine petitioner’s eligibility for promotion to the next higher post, and if sufficient number of vacancies are available on such higher post and if petitioner is found eligible, then his claim for promotion shall be considered as and when promotion exercise is undertaken. (Manoj Kumar Tiwari, J) 26.02.2026 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08 d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F 4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.02.26 05:39:04 -08'00' 2026:UHC:1349