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2026 DAILYLAW 3334 (UTT)

ROOP SINGH BOTHIYAL v. STATE OF UTTARAKHAND

WPSS/1064/2026 · 2026-04-18

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:2820 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1064/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Abhijay Negi & Mr. Priyansh Mittal, Advocates for the petitioner. 2. Mr. R.C. Joshi, Brief Holder for the State of Uttarakhand. 3. Petitioner is serving as Administrative Officer in Female Hospital, Haldwani. According to him, he is eligible for promotion to the next higher post of Senior Administrative Officer; a promotion exercise was undertaken in the month of February 2026, however, his claim was not considered for promotion. 4. By means of this writ petition, petitioner has sought the following relief:- “i. Issue a writ, order or directional nature of Mandamus commanding the respondents to act upon the representations dated 18.02.2026, 07.03.2026, 08.04.2026 (Annexure No. 6 (Colly.); Pages 75 to 80) and confer the consideration of benefit of promotion to the petitioner as per the Rule 4 (3) of Uttarakhand State Service Promotion Forgo Rules, 2024 (Annexure No. 3; Pages 40 to 43) as well as in accordance with Government orders dated 09.07.2010 and 23.06.2003 (Annexure No. 4; Pages 44 to 57).” 5. Learned State Counsel submits that promotion exercise was held against 10 vacancies on the post of Senior Administrative Officer, and persons who were placed upto Sl. No. 95 in the seniority list, have been promoted; petitioner’s name figured at Sl. No. 97 of the seniority list and there are two persons senior to the petitioner, one at Sl. No. 86 and another at Sl. No. 96 of the seniority list. 2026:UHC:2820 6. Learned counsel for the petitioner submits that one of the selected person, who was offered promotion has expressed her disinclination to join on the promoted post and she has given option as per the Forgo of the Promotion Rules, therefore, the vacancy which was offered to that candidate deserves to be offered to the petitioner. 7. This Court is not inclined to go into the issue raised by the petitioner. It is not clear as to whether Geeta Dhapola, who allegedly expressed disinclination to join on the promoted post has actually exercised her option under Promotion Forego Rules, it is also not clear as to whether there are other persons, who have better claim than the petitioner. 8. Learned State Counsel submits that petitioner’s name was not considered at all for promotion, so without his name being considered, whether petitioner can be granted promotion as Senior Administrative Officer. All these aspects have to be considered by the competent authority. 9. In such view of the matter, the writ petition is disposed of by permitting the petitioner to make representation to the competent authority. If he makes representation within two weeks from today, decision thereupon shall be taken, as per law, within four months thereafter. (Manoj Kumar Tiwari, J.) 18.04.2026 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=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e44 03d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095 C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.04.18 20:02:38 +05'30'