Uttarakhand High Court

Pratap Singh Bisht v. State of Uttarakhand

2026:UHC:7365 · WPSS/2207/2026

Decision date
2026-08-17
Text availability
Full text
Judges
Manoj Kumar Tiwari

Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗

Connected provisions and cases

No further provision or case links are recorded.

Judgment text

UKHC010145542026 2026:UHC:7365 Office Notes, reports, orders or proceedingsSL. Date or directions COURT’S OR JUDGE’S ORDERSNo. and Registrar’s order with Signatures WPSS/2207/2026 Pratap Singh Bisht --Petitioner Versus State Of Uttarakhand --Respondent Hon'ble Manoj Kumar Tiwari, J. Mr. Bhupendra Singh Bora, Advocate, holding brief of Mr. Shubhang Dobhal, Advocate for the petitioner. 2. Mr. Sushil Vashistha, Standing Counsel for the State/respondent no. 1. 3. Mr. B.S. Parihar, Advocate for respondent nos. 2 & 3. 4. Petitioner is serving against a Group-D post in Nagar Palika Parishad, Tehri reportedly since 2006. According to him, he is entitled to be considered for promotion against Group-C post in 30% quota available to Group-D employees. His claim for promotion is rejected by Executive Officer vide order dated 27.06.2026, on the ground that against four sanctioned posts of Junior Clerk, there are as many as seven Junior Clerks serving in Nagar Palika Parishad. 5. Learned counsel for petitioner submits that against four vacancies, seven persons cannot be regularly appointed; it appears that persons serving as Junior Clerk are appointed on contract through outsourcing agency or UKHC010145542026 2026:UHC:7365 on ad hoc basis, as no one can be regularly appointed without there being sanctioned vacant post.

6. This Court finds substance in the submission made by Mr. Bhupendra Singh Bora, learned counsel appearing for the petitioner. It is incumbent upon the Executive Officer to ascertain how many, out of aforesaid seven persons are substantively appointed as Junior Clerk. 7. Since there are four sanctioned posts of Junior Clerk and as per the applicable rules, Group-D employees are entitled to be considered for promotion within the quota meant for them therefore, the writ petition is disposed of with a direction to Executive Officer concerned to determine the share of Group-D employees in the promotion quota and to consider petitioner’s claim for promotion, as per his seniority, against such post. Needful be done within eight weeks from the date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J.) 17.08.2026 Navin OF CHANDRAUTTARAKHAND, ou=HIGH COURT OFNAVEEN postalCode=263001, st=UTTARAKHAND, cn=NAVEEN CHANDRA DigitallyDN:UTTARAKHAND,2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a15,serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86DAAB21CE5,Date:c=IN,2026.08.18signedo=HIGHby10:25:55COURTNAVEEN +05'30'CHANDRA