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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Manoj Kumar Tiwari, JJ.
Vishal Dutta & Ors. - Appellants
Versus
State of Uttarakhand & Anr. - Respondents
Writ Petition (S/B) No. 681 of 2022
Decided On : 13-12-2022
Jurisdiction - Writ Petition - Direction to Decide Representation
Fact of the Case:
The petitioners sought a direction for the respondents to decide their representation dated 13.10.2022.
Finding of the Court:
The court disposed of the writ petition with a direction to the respondents to consider the petitioners' representation on its own merits and decide the same within the next four weeks.
Issues: The main issue was the consideration of the petitioners' representation by the respondents.
Ratio Decidendi: The court found that the petitioners were entitled to invoke the jurisdiction of the Uttarakhand Public Services Tribunal but decided to entertain the writ petition due to the limited relief sought by the petitioners.
Final Decision: The writ petition was disposed of with a direction to the respondents to consider the petitioners' representation and decide the same within the next four weeks.
JUDGMENT
Vipin Sanghi, CJ. - Issue notice. Learned counsel appears and accepts notice on behalf of the respondents.
2. The petitioners have preferred the present writ petition to seek a direction the respondents to decide their representation dated 13.10.2022, which is Annexure No.6 to this writ petition.
3. The petitioners are entitled to invoke the jurisdiction of the Uttarakhand Public Services Tribunal. However, considering the limited relief sought by the petitioners, we are inclined to entertain the present writ petition. Accordingly, we dispose of this writ petition with the direction to the respondents to consider the petitioners' representation dated 13.10.2022 on its own merits, and decide the same within the next four weeks. The decision be communicated to the petitioners. In case the petitioners have any surviving grievance, they may approach the Uttarakhand Public Services Tribunal.
4. The writ petition stands disposed of in the aforesaid terms.
5. Pending application, if any, also stands disposed of.
The court has the discretion to entertain a writ petition despite the availability of alternative forums, based on the relief sought by the petitioners.
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 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.
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 alternative forum for relief and consideration of pending representations influenced the court's decision.
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