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WPSS/1428/2023
2026 Latest Caselaw 819 UK

Citation : 2026 Latest Caselaw 819 UK
Judgement Date : 9 February, 2026

[Cites 0, Cited by 0]

Uttarakhand High Court

WPSS/1428/2023 on 9 February, 2026

Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
                                                                    2026:UHC:700
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions             COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS/1428/2023
                               Hon'ble Manoj Kumar Tiwari, J
                               1.   Mr. S.K. Mandal, learned counsel for
                               the petitioner.

                               2.  Mr. Naryan Dutt, learned Standing
                               Counsel for the State of Uttarakhand.

                               3.    Petitioners were appointed against
                               Group 'D' post of Caretaker in Women
                               Welfare Department of the State in the
                               year 1991. Since the status of the
                               petitioners was not upgraded and they
                               continued to serve against Group 'D'
                               post,     therefore,  they   approached
                               Director, Women Welfare Department by
                               making a representation.

                               4.    In the representation, petitioners
                               contended that since State of Uttar
                               Pradesh has taken a decision to upgrade
                               the status of Caretaker from Group 'D' to
                               Group 'C', therefore, they are also
                               entitled to similar benefit.

                               5.    The    representation made     by
                               petitioners, however, was rejected by
                               Director, Women Welfare, Uttarakhand.
                               The decision taken by Director, Women
                               Welfare was challenged by petitioner by
                               filing WPSS No. 676 of 2017, which was
                               dismissed by this Court vide judgment
                               dated 26.05.2022, however, petitioners
                               were granted liberty to approach the
                               Secretary, Women Welfare, Uttarakhand
                               to make representation for creation of
                               promotional avenues. The representation
                               made by petitioners has been rejected,
                               which is under challenge in this writ
                                                                              2026:UHC:700

petition.

6.    The relief, sought                                                in   the      writ
petition, are as follows:-

 (i) Issue a writ order or direction in the nature
     of certiorari quashing the impugned order
     dated 04.05.2023 passed by respondent no.

3 contained in the Annexure no. 3, to the writ petition.

(ii) Issue a writ order or direction in the nature of mandamus directing and commanding the respondents to classify the petitioner as group C Employee and allow the great pay sum of Rs. 2000/- in according to the scheme of Assured Carrier Progression (A.C.P.) to the petitioners, with arrear and admissible interest.

7. This Court is not inclined to interfere with the impugned order dated 04.05.2023, as Secretary, Women Welfare Department, Uttarakhand has given valid reasons for rejecting claim staked by the petitioners. However, having regards to the facts and circumstance of the case, the writ petition is disposed of with a direction to the Competent Authority to consider the claim of the petitioners for benefit of ACP Scheme. This Court hopes and expects that necessary order shall be passed, after examining the issue, within three months from the date of presentation of certified copy of this order.

(Manoj Kumar Tiwari, J) 09.02.2026 Aswal NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

SINGH 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85 f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D2 6F5C22DACF4F4610C1FE58A58531726FBB0,

ASWAL cn=NITI RAJ SINGH ASWAL Date: 2026.02.09 04:01:57 -08'00' 2026:UHC:700

 
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