WPSS/1096/2025
2026 Latest Caselaw 1934 UK

Uttarakhand High Court

WPSS/1096/2025 on 13 March, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                        2026:UHC:1694
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                  COURT'S OR JUDGE'S ORDERS
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             and Registrar's
               order with
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                               WPSS/1096/2025
                               Hon'ble Manoj Kumar Tiwari, J
                               1.   Mr. B.S. Negi, Advocate holding
                               brief of Mr. Shivanand Bhatt, learned
                               counsel for the petitioners.

                               2.   Mr. G.S. Negi, learned Additional
                               C.S.C. for the State of Uttarakhand.

                               3.   Petitioners were initially appointed
                               by direct recruitment as Junior Assistant
                               and thereafter they were promoted to
                               the post of Senior Assistant. Thereafter,
                               they were promoted as Assistant
                               Accountant and subsequently, their
                               services were absorbed in the Excise
                               Department on the post of Senior
                               Assistant vide order dated 18.02.2025.

                               4.    By means of this writ petition,
                               petitioners have sought the following
                               reliefs:-

                               (i)   Issue a writ, order or direction in the nature of
                                     Certiorari calling for records and quashing the
                                     impugned order dated 6.6.2025 (annexed as
                                     Annexure No. 13 to this writ petition) passed by
                                     respondent no. 2 whereby the respondent no. 2

has cance3lled the absorption order dated 18.2.2025 (annexed as Annexure No. 11 to this writ petition) which granted the absorption of the petitioners on the post of Senior Assistant.

(ii) Issue a writ order or direction in the nature of Mandamus directing the respondent not to disturb the services of the petitioners on the post of Senior Assistant in the Excise Department and permit the petitioners to continue on the post of Senior Assistant in the department of respondent no. 2 (Commissioner Excise, Uttarakhand).

(iii) Issue a writ, order or direction in the nature of Mandamus directing and commanding the 2026:UHC:1694 respondents to consider the representation dated 7.6.2025 (annexed as Annexure No. 14 to this writ petition) in the light of the Service Rules 2019.

5. After arguing for a while, learned counsel for the petitioners submits that petitioners have made representation against cancellation of their promotion to the post of Senior Accountant, therefore, the writ petition may be disposed of in terms of the prayer no. 3 in the writ petition.

6. Learned State Counsel submits that he has no objection if the writ petition is disposed of in terms of prayer made by learned counsel for the petitioner.

7. Accordingly, the writ petition is disposed of by directing the Competent Authority to take decision on petitioners' representation dated 07.06.2025, as per law, within six weeks from the date of presentation of certified copy of this order.

(Manoj Kumar Tiwari, J) 13.03.2026 Aswal NITI RAJ

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b

SINGH ASWAL 08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4 F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.13 05:16:15 -07'00' 2026:UHC:1694