IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 1265 of 2008 Ajay Prakash Semwal & another … Petitioners Versus State of Uttarakhand, Through Secretary (Personnel), Government of Uttarakhand, Dehradun & others … Respondents Hon’ble Sudhanshu Dhulia, J. (Oral) Mr. Rajendra Singh Negi, Advocate, present for the petitioners. Mr. S.R. Joshi, Standing Counsel, present for the State/respondent nos.1 to 3. The petitioners before this Court are Firemen who have been denied promotion to the posts of Leading Fireman and Fire Service Driver. Hence, they have been constrained to file the present writ petition before this Court. The case of the petitioners is simple. The petitioners contend that promotions from the post of Fireman to Leading Fireman and Fire Service Driver are merit based promotions which are governed by the United Provinces Fire Services (Recruitment and Conditions of Service) Rules 1945, whereas the promotions have been made by the respondents under the General Rules applicable for the Government Servants of Uttarakhand known as the Uttaranchal Government Servants (Criterion for Recruitment by Promotion) Rules, 2004. 2 This controversy now stands settled by this Court in WPSS No.273 of 2009 (Keshav Datt Tiwari & others Vs. State of Uttarakhand & others). In the above case, Firemen were denied promotion to the posts of Leading Fireman and Fire Service Driver, such as the present petitioners, on similar grounds by application of Rules of 2004. This Court came to the conclusion that the Rules which are applicable are the United Provinces Fire Services (Recruitment and Conditions of Service) Rules 1945 as these were the special Rules governing the special conditions of Fireman and these rules would have overriding effect as the special would prevail over the general. Consequently, the said writ petition was allowed vide judgment and order dated 29.07.2013. Learned counsel for the State – Mr. S.R. Joshi fairly admits that this matter is squarely covered with the aforesaid judgment. In view of the above, the writ petition stands disposed in terms of the judgment passed by this Court on 29.07.2013 in WPSS No.273 of 2009 (Keshav Datt Tiwari & others Vs. State of Uttarakhand & others). (Sudhanshu Dhulia, J.) 26.06.2018 Nitesh