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2026:UHC:3190

Office Notes,

reports, orders

or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with

Signatures

WPSS/ 1102/ 2026

Hon’ble Manoj Kum ar Tiw ari, J

1. Mr. T.P.S. Takuli, learned counsel for

the petitioner.

2. Mr. Rakesh Singh Kunwar, learned

Additional C.S.C. for the State of

Uttarakhand.

3. Petitioner is a Ministerial employee

who was posted as Senior Administrative

Officer in the Office of Executive

Engineer, Irrigation Division, Roorkee,

District Haridwar. He was promoted as

Chief Administrative Officer vide order

dated 17.04.2026 passed by respondent

no. 3. Now, petitioner contends that he

should be promoted from the date of his

eligibility.

4. The relief, sought in the writ

petition, is as follows:-

(i) Issue a writ, order or direction in the nature of

Mandamus directing the respondent no. 2 & 3 to

give promotion to the petitioner, on the post of

Chief Administrative Officer, from the date of his

eligibility i.e. from 01.11.2025, when the post of

Chief Administrative Officer at Ramnagar fell

vacant due to the retirement of then Chief

Administrative Officer, Ramnagar and being the

senior most Senior Administrative Officer, the

petitioner was entitled to be promoted on the

vacant post of Chief Administrative Officer,

Ramnagar, which is still vacant, else the

petitioner shall suffer irreparable loss and injury

and the same cannot be compensated by any

means.

5. Learned State Counsel, on

instructions, submits that the post,

against which petitioner was promoted,

2026:UHC:3190

fell vacant only on 31.03.2026 on

account of retirement of the regular

incumbent. He submits that there is no

law, which supports the case of petitioner

for claiming promotion from the date of

eligibility.

6. Learned counsel for the petitioner

refers to a letter dated 21.07.2025

issued from the Office of Engineer-in-

Chief, Irrigation Department for

contending that the said letter created a

right of promotion from the date of

eligibility in favour of petitioner.

7. Learned State Counsel, however,

refers to the opening paragraph of the

said letter and also the stipulation made

in Clause–I of the letter dated

21.07.2025 for contending that the

benefit of seniority on the promoted post

shall be available to an employee only

from the date of his joining on the

promoted post.

8. This Court finds substance in the

submission made by learned State

Counsel. There is no law, which permits

grant of seniority on the promoted post

from the date of eligibility of an

employee. Even though, the vacancy was

available earlier will not create any

vested right in favour of petitioner to get

promotion. The promotion in Irrigation

Department are vacancy based and not

time bound, therefore, no one can claim

promotion as a right without undergoing

the selection process.

9. Thus, the writ petition fails and is

dismissed.

(Manoj Kumar Tiw ari, J)

28.04.2026

Aswal

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2026:UHC:3190