Shiv Mohan Shukla v. State of Uttarakhand

2026:UHC:3660-DB

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON'BLE CHI EF JUSTI CE MR. MANOJ KUMAR GUPTA AND THE HON'BLE JUSTI CE MR. SUBHASH UPADHYAY Writ Petition (S/B) No.34 of 2025 13th May, 2026 Shiv Mohan Shukla

-----Petitioner

Versus

State of Uttarakhand and Another ----Respondents ------------------------------------------------------------------------- Presence:- Mr. Vinoda Nand Barthwal, learned counsel for the petitioner. Mr. B.P.S. Mer, learned Standing Counsel for the State of Uttarakhand. ------------------------------------------------------------------------- JUDGMENT : ( per Mr . Man oj Kum ar Gu pt a C. J.)

1.

Heard learned counsel for the parties.

2.

The present writ petition has been filed with the following prayers: "i) Issue a writ, order or direction in the nature of mandamus, commanding and directing the Respondents to forthwith issue promotion orders of the petitioner promoting him from the date of his eligibility from the due date for the post of Additional director medical from dated 21.09.2022.

ii) Issue a writ, order or direction in the nature of mandamus, commanding and directing the Respondents to reconsider the process of promotion on the post of Additional director medical and to hold DPC for review in the light of as challenged in the ANNEXURE no. 2 to this writ petition.

iii) Issue a writ, order or direction in the nature of mandamus, commanding and directing the Respondent no. 1 to take a time bound and a reasoned decision upon the representations of the petitioner and to pass a reasoned and speaking order within the shortest time frame considering the date of superannuation of the petitioner.

iv) I ssue a writ, order or direction in the nature of mandamus, commanding and directing the Respondents with in a time bound to give all consequential benefits including promotions and positions on the basis of such seniority list."

2026:UHC:3660-DB

3.

Learned counsel for the petitioner states that during pendency of the writ petition, the petitioner has been granted promotion and, accordingly, he has filed amendment application for deleting the original prayer and for substituting the prayer clause as follows: "i) Issue a writ, order or direction in the nature of mandamus, commanding and directing the Respondents with in a time bound to give all consequential benefits from dated

21.09.2022 assuming the date of promotion on the post of Additional director and position on the basis of such seniority list."

4.

In our considered opinion, in case promotion has already been granted to the petitioner, the petitioner may represent in respect of grant of consequential benefits and fixation of seniority.

5.

Accordingly, the writ petition is disposed of with liberty to the writ petitioner to make representation in this regard and, in the event any such representation is made, the concerned respondents shall decide the same in accordance with law.

6.

Pending application, if any, also stands disposed of.

( MANOJ KUMAR GUPTA, C. J.)

( SUBHASH UPADHYAY, J.) Dated: 13.05.2026 SS

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

2.5.4.20=71978f9c61bfdetiba69967c787b176 4ea7bc7dd129a8a6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1D D4FB4BEBD2B7D72C42261361AED33172F15 2148D, cn=SUKHBANT SINGH Date: 2026.05.14 10:11:54 +05'30'