Uttarakhand High Court
SPA/280/2026 of HEAD CONSTABLE 2018 DEVENDRA SINGH NAYAL Vs STATE OF UTTARAKHAND on 27 July 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND HON’BLE SHRI JUSTICE SUBHASH UPADHYAY 27TH JULY, 2026 SPECIAL APPEAL No. 280 of 2026 1: Head Constable 2018 Devendra Singh Nayal 2: Head Constable O7 Hareesh Singh 3: Head Constable
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE THE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA
AND
HON’BLE SHRI JUSTICE SUBHASH UPADHYAY
27TH JULY, 2026
SPECIAL APPEAL No. 280 of 2026
1: Head Constable 2018 Devendra Singh Nayal 2: Head Constable O7 Hareesh Singh 3: Head Constable Deepak Kumar Bhatt 4: Head Constable 1099 Sundar Singh Bora 5: Lavkush Kumar 6: Manoj Sharma 7: Sanjay Singh Negi 8: Narendra Singh Negi 9: Praveen Singh 10: Lal Singh Bisht 11: Dharam Singh Karki 12: Kailesh Chander 13: Chandra Shekhar Upadhyay 14: Parvesh Kumar 15: Mahipal Singh 16: Brij Mohan Rana 17: Ravi Singh Rawat 18: Mahender Kumar 19: Bharat Ram 20: Pradeep Singh
--Petitioners
Versus
1: State Of Uttarakhand
2: Director General Of Police
3: Uttarakhand Police
4: Inspector General
--Respondents
Counsel for petitioners.
: Dr. Kartikey Hari Gupta, Ms. Irum Zeba and Mr. Deepak Pandey, learned counsel.
Counsel for the respondents.
: Mr. J.C. Pande, learned Standing Counsel with Mr. M.S. Bisht, learned Brief Holder for the State of Uttarakhand.
JUDGMENT : (per Shri Manoj Kumar Gupta, C.J.)
Delay Condonation Application (IA No. 01/2026)
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
1
Decisions referred to
In this index
1
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. The appeal is reported to be beyond time by 12 days. Counsel for the State has no objection to the delay being condoned. Accordingly, the delay is condoned. The application is allowed. Office is directed to allot a regular number to the instant appeal. Special Appeal No. 280/2026
2. The present intra-court appeal is directed against the order of the learned Single Judge dated 05.05.2026 passed in WPSS/708/2021, whereby the writ petition filed by the appellants-writ petitioners has been decided in terms of judgment dated 18.10.2022 passed in WPSS/2513/2019.
3. The appellants-writ petitioners filed the writ petition seeking a mandamus directing the respondents to consider their candidature for promotion to the post of Platoon Commander/ S.I., against the vacancies arising before 10.03.2019, as per old Rules existing at the relevant time, and not in accordance with the new Rules of 2019.
4. It is not disputed before us that the same controversy was decided against the appellants-writ petitioners in WPSS/2513/2019 by this Court on 18.10.2022. It is also not disputed that the question, as to whether the amended Rules of 2019 would apply even to the existing vacancies, is covered by the judgment of the Supreme Court in the case of State of Himachal Pradesh & Others v. Raj Kumar & Others, reported in 2022 SCC OnLine SC 680.
5. Learned Single Judge, having regard to the aforesaid legal position, and the judgment of this Court dated 18.10.2022 passed in WPSS/2513/2019, disposed of the writ petition in same terms, but at the same time granted liberty to the appellants-writ petitioners to make representation with further direction to the respondents to take decision on the representation within three weeks.
6. In view of the undisputed facts noted above, we find no illegality in the order of the learned Single Judge, as may warrant interference in the present intra-court appeal. The issue being already concluded, the learned Single Judge has rightly disposed of the writ petition in terms of the earlier judgment.
7. The appeal is, consequently, dismissed.
8. All pending applications stand disposed of accordingly.
______________________ MANOJ KUMAR GUPTA, C.J.
___________________ SUBHASH UPADHYAY, J.
Dt: 27th July, 2026 Rahul
RAHUL PRAJAPATI Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66e6 1bf4c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192F CAD15C390A1AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2026.07.27 17:32:56 +05'30'