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2026:UHC:170-DB

Reserved on 24.12.2025

Delivered on 06.01.2026

HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Service Bench No. 298 of 2025

Dharmendra Kumar and Others …………Petitioners

Versus

State Of Uttarakhand and Others …….Respondents

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Presence:-

Mr. Shobhit Saharia, learned counsel for the petitioners.

Mr. Puran Singh Bisht, learned Addl. C.S.C. for the State.

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Coram: Hon'ble Ravindra Maithani, J.

Hon'ble Alok Mahra, J.

Hon'ble Alok Mahra, J. (Per.)

By means of the present writ petition filed

under Article 226 of the Constitution of India, the

petitioners seek issuance of a writ in the nature of

mandamus declaring amended Rule 14(1) of the

Uttarakhand Police Motor Transport Branch Subordinate

Services Rules, 2018 (as amended in 2024) to be illegal,

arbitrary and unconstitutional in the manner in which it

has been interpreted and applied by the State authorities

while determining seniority of Constable Drivers vide

order dated 04.06.2025. The petitioners have also prayed

for issuance of a writ of certiorari for quashing the

seniority list dated 04.06.2025.

2. The core grievance of the petitioners is that

inter se

while determining seniority, the respondents

have misconstrued the expression “substantive

appointment” occurring in Rule 14(1) of the Services

Rules, 2018 (as amended in 2024). According to the

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petitioners, the respondents have erroneously treated the

date of substantive appointment in the parent cadre, i.e.

Civil Police/PAC/Armed Police/IRB, as the basis for

seniority, whereas under the statutory scheme, seniority

can be reckoned only from the date of substantive

appointment to the Motor Transport Branch cadre, which

is the service governed by the Rules of 2018.

3. Learned counsel for the petitioners submitted

that since the creation of the State of Uttarakhand in the

year 2000, the Motor Transport Branch has been

functioning as a separate and distinct branch of the

Police Department. The cadre in this branch commences

with the post of Constable Driver, followed by promotion

to Head Constable Driver and thereafter to Sub-Inspector

(Motor Transport). Personnel of the Motor Transport

Branch are not entitled to promotional avenues of the

Civil Police/PAC/Armed Police/IRB, and vice-versa. He

would further submit that appointment to the post of

Constable Driver is not a promotion simpliciter, but is

made through a selection process from amongst

substantively appointed Constables of Civil

Police/PAC/Armed Police/ IRB who fulfill the eligibility

conditions prescribed under the Rules. One of the

essential conditions is successful completion of the

prescribed special driving training course, and only

thereafter an appointment order is issued under Rule 10

of the Services Rules, 2018, which marks the entry of the

incumbent into a new and distinct cadre of service.

4. Learned counsel would further submit that in

exercise of powers under Sections 3 and 87 of the

Uttarakhand Police Act, 2007, the State framed the

Uttarakhand Police Motor Transport Branch Subordinate

Services Rules, 2018, which came into force on

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27.11.2018. The Rules clearly define “Service” under Rule

2(j) as the Uttarakhand Police Motor Transport Branch

Subordinate Service; “Member of service” under Rule 2(g)

as a person substantively appointed to a post in the

cadre of service; “Substantive appointment” under Rule

2(l) as an appointment made to a post in the cadre of

service, which is not ad-hoc and is made after selection

in accordance with the Rules; and the cadre of service

under Rule 4 to include Constable Driver, Head

Constable Driver and Sub-Inspector (Motor Transport).

5. According to learned counsel for the

petitioners, a combined reading of Rules 2(g), 2(j), 2(l)

and Rule 4 makes it clear that a person becomes a

member of the Motor Transport Branch only after

issuance of an appointment order under Rule 10 of the

Services Rule, 2018, which is granted up