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VIPIN SANGHI, MANOJ KUMAR TIWARI
Sanjay Pandey – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Vipin Sanghi, CJ. - The present petition has been preferred by the petitioner, who is a public servant, to seek the following reliefs :
'i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to consider the case of the petitioner for promotion on the post of Forest Range Officer.
ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to hold the Departmental Promotion Committee within a stipulated time frame for promotion on the post of Forest Range Officers for the current recruitment year 2022-23 and the backlog vacancies for the respective select years.
iii) Mould, Grant and issue any other writ, order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of the present case.'
2. The aforesaid reliefs fall for consideration by the Uttarakhand Public Services Tribunal. We are, therefore, not inclined to entertain this petition.
3. Ms. Tripathi submits that petitioner's representations are pending consideration which have not been disposed of.
4. The respondents should consider and dispose of the representations of the petitioner within four weeks. In case, petitioner is st
Availability of alternative forum for relief and consideration of pending representations influenced the court's decision.
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.
Jurisdiction of the Uttarakhand Public Services Tribunal over matters related to public servant promotions.
The main legal point established in the judgment is the court's power to issue a writ of mandamus to direct the conduct of Departmental Promotion Committee for making promotions.
The inclusion of the petitioners' names in the regular panel of the year 2014-2015 and their selection for the post of Forest Range Officer was considered conclusive, and no further consideration was....
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.
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