Extracted from the PDF above. The PDF is authoritative.
2026:UHC:408 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
WPSS No.91 of 2026 Hon ’ble Alok Mah r a, J.
Mr. Jitendra Chaudhary and Mr. Navneet Singh, Advocates for the petitioner.
Mr. Rajeev Singh Bisht, Additional C.S.C. for the State of Uttarakhand.
2. The petitioner is presently serving as an Assistant Teacher in a Primary School. He has instituted this writ petition assailing the
order dated 20.12.2025, whereby his representation has been rejected by the competent authority.
3.
Learned counsel for the petitioner submits that initially, the cadre of Assistant Teacher, Primary School was constituted at the block level. However, by virtue of the amendment to the relevant Rules in the year 2016, the cadre was restructured from block level to district level. It is further contended that the petitioner had submitted a representation asserting that the subsequent amendment altering the cadre structure would have prospective application and would apply only to those incumbents appointed subsequent to the amendment, and not to those, like the petitioner, whose appointment was made when the cadre was block-based.
4. The contention advanced by the
learned counsel for the petitioner cannot be acceded to. Framing or amendment of service rules lies exclusively within the domain and prerogative of the State Government. Since the concerned Rules
2026:UHC:408 themselves have not been impugned in the present writ petition, no interference with the impugned order is warranted. This Court, therefore, finds no infirmity or illegality in the
order dated 20.12.2025 passed by the competent authority.
5. However, learned counsel for the petitioner prays that liberty may be granted to the petitioner to prefer a fresh representation before the competent authority, indicating therein the schools where vacancies are presently available, so that his request may be considered afresh in accordance with law.
6. Considering the said submission, the writ petition is disposed of with liberty to the petitioner to submit a fresh representation before the competent authority within a period of one week from today. In the event such representation is submitted within the stipulated time, the competent authority shall consider and decide the same by a reasoned and speaking order within a further period of three weeks thereafter.
( Alok Mah r a, J.)
09.01.2026 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365 445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D45 4C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.01.09 16:10:03 +05'30'
2026:UHC:408