UKHC010106262026 2026:UHC:5014 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Service Single No.1610 of 2026 17th June, 2026 Anita Bijalwan and others ……….Petitioners Versus Managing Director and others ……….Respondents ---------------------------------------------------------------------- Presence:- Mr. C.D. Bahuguna, learned Senior Advocate assisted by Mr. Chandra Shekhar Dalakoti, learned counsel for the petitioners. Mr. Vinay Kumar, learned counsel for respondent no.1 to 3. Mr. Pradeep Hairiya, learned Addl. C.S.C. for the State/respondent no.4. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. This writ petition has been filed by the petitioners for the following reliefs:- I. Issue a writ, order or direction in the nature of Mandamus, directing the respondent nos.1 to 3 to consider the candidature of the petitioners for promotion to the post of Assistant Accountant, keeping in view the Agenda no.126.08 passed by the Board of Director of Uttarakhand Jal Vidyut Nigam in the meeting held on 04-09-2025. II. Alternatively, issue a writ, order or direction in the nature of Mandamus, directing the respondent nos. 1 to 3 to consider the candidature of the petitioners for promotion to the post of Assistant Accountant, keeping in view regulation 8 of the "UJVN Accounts Staff Service Regulations 2020". III. Issue a writ, order or direction in the nature of Mandamus, directing the respondent nos. 1 to 3 to grant benefit of promotion to the petitioners on the post of Assistant Accountant w.e.f. 04-09-2025 when the Board of Director of Uttarakhand Jal Vidyut Nigam passed Agenda no.126.08 to the effect that 9 posts out of 12 posts of 40% quota would be available for promotion for Accounts clerks to the post of Assistant Accountant, on the basis of seniority. 2. The facts of the case in brief are that the petitioners joined the Uttarakhand Jal Vidyut Nigam on the post of Office Assistant III (Accounts) on 26.02.2016, thereafter the petitioners were promoted to the post of Accounts Clerk on 05.07.2019. The next promotion post of 1 UKHC010106262026 2026:UHC:5014 Accounts Clerk is the post of Assistant Accountant and in the regulations it is provided that the post of Assistant Accountant shall be filed by 80% direct promotion based upon seniority and 20% by departmental examination and the qualifying service of promotion to the post of Assistant Accountant would be seven years as Accounts Clerk which was later by a resolution brought down to three years as Accounts Clerk, thereafter on 19.10.2024 six Accounts Clerk were promoted as Assistant Accountant who belonged to the same batch as that of the petitioners. The 20% quota of promotion by departmental examination has been relaxed and direct promotion based upon seniority has been done several times by resolution passed by Board of Directors. The petitioners are claiming parity with them. Such relaxation was also extended to the petitioners by resolution of Board of Directors dated 04.09.2025 but no promotion has still been done. Hence, this writ petition. 3. Learned Senior Advocate for the petitioners submits that as the counterparts of the petitioners have been granted promotion this is resulting in violation of right to equality enshrined under Article 14 of the constitution. He further submits that he would restrict his arguments to prayer number three of the reliefs as prayed for in the writ petition. He further submits that the Court may only direct the respondents to consider and decide the representation(s) of the petitioner(s) dated 24.03.2026, annexure no.12 to the writ petition, made to the respondent-department by Union of the petitioners. 4. Learned counsel for the respondent nos.1 to 3 did not object to the prayer made by the learned Senior Advocate for the petitioners. 5. Accordingly the writ petition stands disposed of by directing respondent no.1-Managing Director, 2 UKHC010106262026 2026:UHC:5014 Uttarakhand Jal Vidyut Nigam Ltd. to decide the representation(s) of the petitioner(s) dated 02.09.2025, 14.10.2025 and 24.03.2026 within four weeks’, from the date of production of certified copy of this order in accordance with law, by a speaking and reasoned order. (Pankaj Purohit, J.) 17.06.2026 SK 3