ALOK KUMAR VERMA
Deepak Bhatt – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Alok Kumar Verma, J. - The present Writ Petition has been filed under Article 226 of the Constitution of India with the following reliefs:-
(i) To declare the action of the respondents, particularly respondent no.3, in the matter as arbitrary and illegal.
(ii) To issue a writ, order or direction in the nature of certiorari to quash the impugned communication/letter dated 17.09.2018, issued by the respondent no.3 (Annexure No.6 to the writ petition) in so far as it relates to the petitioner i.e. Para 6(iii).
(iii) To issue a writ, order or direction in the nature of mandamus commanding the respondents to consider and promote the petitioner to the post of Assistant Engineer (Civil) form due date i.e. from the date when the persons junior to him, promoted to the said post, under Degree holder quota, and also to grant all consequential benefits to him.
2. Heard Mr. Bhagwat Mehra, learned counsel for the petitioner, Mr. N.S. Pundir, learned Deputy Advocate General with Mr. Ajay Singh Bisht, learned Additional C.S.C., Mr. Sushil Vashisth, learned Standing Counsel & Mr. S.M.S. Mehta, learned Brief Holder for the State/respondent nos.1 and 2 and Mr. Ashish Joshi, learned counsel for th
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.
The court's decision was influenced by the principle that disputes related to the conditions of service of a public servant can be effectively adjudicated by the appropriate tribunal, and thus direct....
The court's decision was based on the principle that disputes related to the conditions of service of public servants could be effectively adjudicated by the appropriate tribunal, and therefore direc....
The court's decision was influenced by the nature of the dispute related to the conditions of service of public servants and the availability of an alternate efficacious remedy.
The court emphasized the availability of an alternate efficacious remedy before the Uttarakhand Public Services Tribunal for grievances related to the conditions of service of public servants.
The court emphasized the availability of an alternate efficacious remedy before the Uttarakhand Public Services Tribunal for adjudication of disputes related to the conditions of service of public se....
The main legal point established in the judgment is the availability of an alternate efficacious remedy for public servants to raise grievances before the Uttarakhand Public Services Tribunal.
The court emphasized the availability of an alternate efficacious remedy before the Uttarakhand Public Services Tribunal for adjudicating the grievances raised in the writ petition.
The court's decision was influenced by the principle that disputes related to the conditions of service of public servants should be effectively adjudicated by the appropriate tribunal, in this case,....
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.
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