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1999 Supreme(All) 161

KAMAL KISHORE, M.KATJU
FAKIRE LAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
RAKESH PANDEY

M. KATJU AND KAMAL KISHORE, JJ.


( 1 ) HEARD Sri Rakesh Pandey, learned counsel for the petitioner and learned standing counsel. We have also heard Sri S. C. Budhwar, learned senior Advocate, and Sri A. Kumar and Sri S. A. Jilani, advocates as Amicus Curiae. We propose to lay down certain guidelines regarding the question as to when a petition regarding service matters should be directly entertained by this court. In the present case, the petitioner has prayed for certain increments. The petitioner has prayed for grant of first Increment in category a post of Deputy Director of Panchayat taking into account 7 years service in kha category post of District Panchayat Officer. The petitioner is on the post of Deputy Director. Panchayat, U. P. and hence he is a government servant. It is settled law that if there is an alternative remedy, the petitioner should ordinarily avail of that remedy before coming to this Court. In the present case, there is an alternative remedy of approaching the U. P. Public Service Tribunal which can decide questions of both law and fact. Hence, we are of the opinion that the petitioner should first approach the Tribunal, and only if he aggrieved by any order









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