20Th March vs State Of Uttarakhand And Others on 20 March, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                          2026:UHC:1984


     IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
                   HON'BLE SRI MANOJ KUMAR TIWARI

           WRIT PETITION (S/S) NO. 772 OF 2020

                       20TH MARCH, 2026


Jitendra Kumar & another                            ... Petitioners
                          Versus
State of Uttarakhand and Others                     ... Respondents

                                WITH
           WRIT PETITION (S/S) NO. 337 OF 2021

Counsel for the petitioners     :       Mr.   Shobhit   Saharia,   learned
counsel

Counsel for the respondents     :       Mr.   N.K.   Papnoi,     learned
                                        Standing Counsel for the State


                              JUDGMENT:

1. Since common questions of law and facts are involved in both these petitions, therefore, they are being heard and decided together. However, for the sake of brevity Writ Petition (S/B) No. 772 of 2020, shall be the leading case.

2. Petitioners, who belong to Scheduled Caste category, are serving as Constable in Civil Police. In the year 2015, exercise for promotion to the post of Sub-Inspector was initiated by a notification issued by Uttarakhand Police Head Quarter and applications were invited from persons serving as Constable and Head Constable.

3. According to petitioners, initially benefit of reservation to weaker sections of the society was given in the selection, however by subsequent notification,

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benefit of reservation was withdrawn by treating it to be a promotion exercise. Some of the petitioners filed Writ Petition No. 859 of 2015 (S/S) seeking a direction to the authorities to extend the benefit of reservation available to Scheduled Castes, in the process of selection initiated vide notification dated 28.01.2015 for appointment to the post of Sub-Inspector, Civil Police.

4. The said writ petition was dismissed by coordinate Bench of this Court vide judgment dated 21.05.2015 by holding that the selection process initiated on 28.01.2015 is in fact promotion exercise and not an exercise for direct recruitment and reservation is not available in promotion.

5. Petitioner thereafter challenged the said judgment by filing Special Appeal No. 282 of 2015, which was dismissed vide judgment dated 28.11.2016. SLP filed by petitioners was also dismissed by Hon'ble Supreme Court vide order dated 31.03.2017. Thus, the judgment rendered in WPSS No. 859 of 2015, attained finality.

6. In this writ petition, petitioners have sought the following reliefs:-

(i) Issue a writ, order or direction in the nature of certiorari quashing the final result dated 30.11.2016 issued pursuant to the order dated 28.01.2015 to the extent of last three general category candidates only.

(ii) Issue an order or direction in the nature of mandamus directing the respondent to grant benefit of reservation in selection carried out on the post of Sub Inspector (Civil Police) pursuant to order dated 28.1.2015, as provided under Constitution as well as U.P. Public Services

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(Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1995, to the petitioners, who belong to Schedule Caste Category.

7. Petitioners rely upon inter-departmental letter dated 25.07.2018, whereby State Government was requested to issue necessary directions for treating Ranker Sub-Inspector at par with directly recruited Sub-Inspector for grant of monetary benefit, including time scale of pay. The said letter was issued in response to the objection raised by Finance Department that Constable and Head Constable are promoted as Ranker Sub-Inspector, therefore, the case of Ranker Sub-Inspector will be governed by Government Order dated 23.08.2005.

8. The Home Department of the State Government considered the proposal submitted by Police Headquarter and held that non-gazetted employees of Police Department, who are promoted to the post of Sub-Inspector through departmental selection on the criteria of merit, shall be treated as selected on the post of Ranker Sub-Inspector and the services rendered by them on the post of Constable / Head Constable, before their promotion, shall not be counted while considering their case for benefit under Assured Career Progression (ACP) Scheme.

9. Learned counsel for the petitioners submits that since State Government has now decided that persons appointed as Ranker Sub-Inspector through departmental selection are to be treated as appointed

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by direct recruitment, therefore, the reservation policy applicable in the State was required to be followed and the benefit of reservation was wrongly denied to the petitioners in the selection for appointment as Ranker Sub-Inspector.

10. Learned State Counsel, however, submits that post of Sub-Inspector in Civil Police is to be filled by direct recruitment as well as by promotion. He submits that Graduates from open market, who meet the conditions of eligibility, are considered for direct recruitment to the post of Sub-Inspector, while persons serving as Constable / Head Constable alone are eligible to participate in the selection for appointment/promotion as Ranker Sub-Inspector. He submits that the expression "Ranker Sub-Inspector"

refers to Sub-Inspector, who are promoted through the rank. He submits that Police Headquarter submitted the proposal on 25.07.2018 to treat Ranker Sub- Inspectors at par with directly recruited Sub-Inspector only for the purpose of monetary benefit, including time scale/ACP. However, in the proposal, it is nowhere stated that Ranker Sub-Inspectors are appointed by direct recruitment.

11. Learned State Counsel further submits that Government Order dated 26.07.2019 also provides that for the benefit of ACP, Ranker Sub-Inspectors shall be treated as selected on the criteria of merit in a departmental examination and their past services, rendered on the post of Constable/Head Constable,

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shall not be taken into consideration. He submits that the Government Order dated 26.07.2019 was issued to ensure that Ranker Sub-Inspectors are not denied benefit of ACP because of their promotion.

12. Learned State Counsel submits that in the proposal submitted by Police Headquarter and in the Government Order issued by Home Department, it is mentioned that Ranker Sub-Inspectors are promoted through Rank, however, their promotion shall be deemed to be by selection on the criteria of merit to ensure that they are not denied the monetary benefits. He further submits that in the proposal as well as in the Government Order, the expression "deemed" is used which means that even though it is a promotion, but for certain purposes it has to be treated as "selection". Thus, he submits that the contention raised by the petitioners that State Government has declared Ranker Sub-Inspectors to be directly recruited, is not correct.

13. This Court finds substance in the submission made by learned State Counsel. In the proposal submitted by Police Headquarter, it was mentioned that Ranker Sub-Inspector may be treated at par with directly recruited Sub-Inspectors, for monetary benefit.

14. The Government Order dated 26.07.2019 also provides that for the purpose of ACP, Ranker Sub- Inspectors may be deemed as appointed by selection. The Government Order nowhere provides that Ranker Sub-Inspectors are appointed by direct recruitment,

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and to the contrary, it provides that Ranker Sub- Inspectors are appointed by promotion.

15. Merely because the Ranker Sub-Inspectors are deemed to be selected and not promoted for the purpose of ACP and other benefits will not change the nature of selection in question from promotion to direct recruitment. Thus, the relief, claimed by the petitioners, cannot be granted.

15. For the aforesaid reasons, the writ petitions fail and are dismissed.

(MANOJ KUMAR TIWARI, J.)

Dt: 20TH MARCH, 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 ASWAL 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.26 21:23:54 -07'00'