Uttarakhand High Court
Azhar Ali And Ot Hers -Appellant S vs St At E Of Ut T Arakhand on 25 April, 2025
2025:UHC:3080-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
H ON 'BLE JUSTI CE SRI M AN OJ KUM AR TI W ARI AN D
H ON 'BLE JUSTI CE SRI ASH I SH N AI TH AN I
Special Appeal No. 871 of 2017
Azhar Ali and ot hers -Appellant s
Versus
St at e of Ut t arakhand - - Respondent
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Presence: -
None for t he appellant s
Mr. Puran Singh Bisht , Addit ional CSC for t he respondent / St at e
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The Cour t m a de t he follow ing:
JUDGMENT:
( pe r H on 'ble Just ice Sr i M a noj Kum a r Tiw a r i)
1. This int ra- Court appeal is direct ed against t he
j udgm ent and order dat ed 28.07.2017, passed by
learned Single Judge in Writ Pet it ion ( S/ S) No. 2630 of
2015. Operat ive port ion of said j udgm ent is reproduced
below: -
" 5. There is no m erit in t he cont ent ion of learned counsel
for t he pet it ioners t hat pet it ioners and sim ilarly sit uat e
persons were t o be absorbed in t he Palika Cent ralized
Adm inist rat ive Services before issuance of not ificat ions
dat ed 01.08.2001 and 12.06.2015 and in view of t he
discussion m ade hereinabove.
6. Accordingly, t here is no m erit in t he pet it ions and t he
sam e are hereby dism issed"
2. From perusal of t he record, it is revealed t hat
Governm ent of Ut t arakhand rest ruct ured t he cadre of
Tax Superint endent , which result ed in reduct ion of
prom ot ional avenues t o t he pet it ioners who were
serving in said cadre. Pet it ioners challenged t he said
rest ruct uring which result ed in dim inut ion of t heir
prom ot ional avenues.
3. The learned Single Judge held t hat all t he
2025:UHC:3080-DB
m em bers of service in t ax cadre are having at least
t hree prom ot ional avenues, t herefore, grievance
against reduct ion of prom ot ional avenues is wit hout
any subst ance.
4. We do not find any reason t o int erfere wit h t he
im pugned j udgm ent .
5. Law is well set t led t hat a governm ent em ployee or
an em ployee of a st at ut ory corporat ion has right t o be
considered for prom ot ion; however, no one can claim
prom ot ion as a m at t er of right . Upon appoint m ent
under t he St at e, a person acquires t he st at us and t he
service condit ion of governm ent em ployee or st at ut ory
bodies can be alt ered by am ending t he Rules and t here
is no necessit y of providing opport unit y of hearing. The
only caveat is t hat , while am ending t he rules, vest ed or
accrued right cannot be t aken away.
6. I t is not t he case of pet it ioner t hat any of t heir
vest ed right has been t aken away.
7. Thus, we decline t o int erfere wit h t he im pugned
j udgm ent . Special Appeal fails and is dism issed.
_______________________________
M AN OJ KUM AR TI W ARI , J.
__________________________
ASH I SH N AI TH AN I , J.
Dt : 25 t h April, 2025
Mahinder
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
MAHINDER SINGH 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b
08923c, postalCode=263001, st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9
EA4BABA43D2B8F, cn=MAHINDER SINGH
Date: 2025.04.26 12:42:10 -07'00'
