IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. (SS) 180 of 2008 HCAP-18 Dinesh Chandra Upreti ….Petitioner Versus State of Uttarakhand and others ….Respondents Present : Mr. K. K. Tiwari, Advocate for the petitioner. Mr. N. P. Sah, Learned Standing Counsel for the State of Uttarakhand. Sudhanshu Dhulia, J. (Oral) Heard Mr. K. K. Tiwari, Advocate for the petitioner and Mr. N. P. Sah, Standing Counsel for the State of Uttarakhand. The petitioner was given an out of turn promotion in the year 1998 by order dated 20.12.1998 from the post of constable to the post of Head Constable. Though there is no provision for giving an out of turn promotion under the Rules or Regulations applicable to the police force, yet such a promotion has been given by government Order dated 3.2.1994. The order dated 3.2.1994, which has been annexed as annexure no. SCA-1 along with the supplementary counter affidavit filed by the respondent, has been perused. Though on the face of it, the said order says that it is applicable for promotion of Head Constable to next higher post, nevertheless this benefit of the Government Order dated 3.2.1994 was given to the petitioner in the year 1998, inasmuch as he was given an out of turn promotion from the post of constable to the post of Head Constable. The petitioner after becoming a Head Constable was allocated to the State of Uttarakhand under the provisions of U.P. Reorganisation 2 Act, 2000. Now the petitioner has filed this writ petition stating that in the order dated 4th December, 1998 his commandant who has promoted the petitioner under the provisions of Government Order dated 3.2.1994 giving him an out of turn promotion has also stated that from time to time in the departmental proceedings while promotions are made, 5% posts are to be given to such persons who have shown extraordinary valour. It is this noting which has been relied upon by the petitioner, under which he claims a further out of turn promotion. This argument of the petitioner is wholly misconceived. Merely because such a noting has been given it will not entitle the petitioner for any further promotion, if the Rules or Regulation do not provide for the same. Moreover, in the counter affidavit respondents have stated that after the creation of State of Uttarakhand, an order was passed on 19.01.2007 by the Government of Uttarakhand by which the earlier Government Order dated 3.2.1994 is no more applicable in the State of Uttarakhand. That being the state of affairs, the prayer sought by the petitioner for directing the respondents for giving another out of turn promotion or to give promotion under the said quota cannot be considered. In view of the aforesaid, the writ petition fails and is herby dismissed. No order as to costs. (Sudhanshu Dhulia, J.) 05.08.2011 Avneet