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2026 DAILYLAW 5378 (UTT)

BHAGMAL SINGH v. STATE OF UTTARAKHAND

WPSS/1303/2026 · 2026-05-18

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:3791 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PSS 1 3 0 3 / 2 0 2 6 W PSS 1 3 1 1 / 2 0 2 6 W PSS 1 3 1 2 / 2 0 2 6 W PSS 1 3 1 3 / 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Sanjay Bhatt, Advocate, for the petitioners. Mr. K.N. Joshi, Deputy AG, for the State. (2) Since the issue involved in all these writ petitions is identical, therefore, these are being heard and decided together by this common judgment. However, for brevity, facts of Writ Petition (S/ S) No. 1303 of 2026 alone are being considered and discussed here. (3) Petitioner is a Group D employee, serving in Public Services Tribunal, Uttarakhand. He was given promotion to a Group C post vide order dated 2.12.2024. Now, petitioner has been reverted back to Group D post vide order dated 2.5.2026, which is under challenge in this writ petition. (4) Learned Counsel for the petitioner contends that petitioner was regularly promoted, after inviting applications and holding selection, therefore he cannot be reverted, that too without providing opportunity of hearing. (5) Learned State Counsel, however, refers to impugned order, where it is mentioned that at the time when petitioner was promoted, there was no vacancy available on a Group C post. He also refers to the promotion order dated 2.12.2024, where it is mentioned that petitioner’s 2026:UHC:3791 promotion is by way of stopgap arrangement. Learned State Counsel thus submits that petitioner does not hold lien on a Group C post, as he was promoted on a stopgap basis, and, therefore, there is no question of issuing any show cause notice or affording opportunity of hearing. (6) This Court finds substance in the submissions made by learned State Counsel. A promotion made on stopgap basis or by way of local arrangement does not create lien on the promoted post. The impugned order indicates that petitioner was promoted in absence of any vacancy on the Group C post. Thus, this Court do not find any reason to interfere with the reversion order. (7) Learned Counsel for the petitioners submits that there are vacancies available on Group C post and the stipulation made in the cancellation/ reversion order is incorrect. (8) Writ petitions are disposed of by providing that the competent authority shall ascertain as to whether there is any vacancy available on Group C post. If it is found that there is vacancy available on Group C post which is to be filled by promotion, then the competent authority shall initiate exercise for supplying that vacancy by promotion within three months from the date of presentation of certified copy of this order. ( Man oj Ku m ar Tiw ar i, J.) 1 8 .5 .2 0 2 6 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3a eab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052 DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.05.20 14:00:23 +05'30' 2026:UHC:3791