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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Manoj Kumar Tiwari, JJ.
Sanjay Pandey - Appellant
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (S/B) No. 693 of 2022
Decided On : 15-12-2022
Promotion - Public Servant - The court declined to entertain the petition seeking mandamus for promotion, directing the petitioner to approach the Uttarakhand Public Services Tribunal. The court ordered the respondents to consider and dispose of the petitioner's representations within four weeks.
Fact of the Case:
The petitioner, a public servant, sought mandamus for promotion to the post of Forest Range Officer.
Finding of the Court:
The court declined to entertain the petition and directed the petitioner to approach the Uttarakhand Public Services Tribunal. The court ordered the respondents to consider and dispose of the petitioner's representations within four weeks.
Issues: Petitioner seeking mandamus for promotion, pending representations of the petitioner.
Ratio Decidendi: The court's decision was influenced by the availability of an alternative forum for the petitioner to seek relief and the pending representations of the petitioner.
Final Decision: The writ petition was disposed of with the direction for the respondents to consider and dispose of the petitioner's representations within four weeks.
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 still aggrieved, it shall be open to the petitioner to approach the Tribunal.
5. The writ petition stands disposed of in the aforesaid terms.
6. Interim Relief Application (IA No. 01 of 2022) also stands disposed of.
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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