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