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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Ravindra Maithani, JJ.
Balram Kurmi - Appellant
Versus
State of Uttarakhand & Anr. - Respondents
Writ Petition (S/B) No. 712 of 2022
Decided On : 11-01-2023
Promotion - Public Servant - The court dismissed the petition, stating that the matter falls under the jurisdiction of the Uttarakhand Public Services Tribunal.
Fact of the Case:
The petitioner, a public servant, raised a claim related to promotion.
Finding of the Court:
The court dismissed the petition, stating that the matter falls under the jurisdiction of the Uttarakhand Public Services Tribunal.
Issues:
Ratio Decidendi: The subject matter of the petition falls under the jurisdiction of the Uttarakhand Public Services Tribunal.
Final Decision: The petition is dismissed with liberty to the petitioner to approach the Tribunal.
JUDGMENT
Vipin Sanghi, CJ. - The petitioner is a public servant. The claim raised in this petition relates to the petitioner's promotion. The subject matter of this petition squarely falls for consideration by the Uttarakhand Public Services Tribunal.
2. Accordingly, this petition is dismissed with liberty to the petitioner to approach the Tribunal.
Jurisdiction of the Uttarakhand Public Services Tribunal over matters related to public servant promotions.
The jurisdiction of the court to decide on the reliefs sought by a public servant and the eligibility for promotion based on ACRs and withheld increments.
Availability of alternative forum for relief and consideration of pending representations influenced the court's decision.
The court has the discretion to direct the adjudication of a matter by an appropriate forum, especially when it involves the conditions of service of a public servant.
An association of public servants, along with its office bearers, can maintain a claim petition before the Tribunal, despite not being individual public servants.
Jurisdiction of the court to consider reliefs sought by a public servant in a pension dispute.
Availability of alternate efficacious remedy before a specialized tribunal may preclude the exercise of writ jurisdiction under Article 226 of the Constitution of India.
The court has the discretion to entertain a writ petition despite the availability of alternative forums, based on the relief sought by the petitioners.
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