Kheema Nand Tiwrai vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(UK) 446

VIPIN SANGHI, R. C. KHULBE
Kheema Nand Tiwrai – Appellant
Versus
State of Uttarakhand – Respondent

Advocates appeared:
Sanjay Bhatt, Advocate, Anil Kumar Bisht, Advocate, Ashish Joshi, Advocate

JUDGMENT

Vipin Sanghi, CJ. - The present Special Appeal is directed against the order dated 17.10.2022, passed by the learned Single Judge in Writ Petition (S/S) No. 1958 of 2022. The learned Single Judge has dismissed the said Writ Petition, since the writ petitioner-appellant is a public servant, as defined under Section 2(b) of the U.P. Public Service (Tribunals) Act, 1976, and the reliefs sought by the appellant falls for consideration by the Uttarakhand Public Services Tribunal. The appellant has been left to invoke the alternative remedy.

2. The submission of the learned counsel for the appellant is that three Writ Petitions, being Writ Petition (S/B) Nos. 136 of 2021, 172 of 2021 and 539 of 2021, are already pending before this Court in relation to the appellant's claim for promotion to the post of Additional Private Secretary. He submits that, therefore, the appellant may not be relegated to the Uttarakhand Public Services Tribunal to claim the reliefs, as sought in the Writ Petition.

3. We have considered the aforesaid submission of the learned counsel for the appellant. We find that the appellant's case for promotion was considered by the Uttarakhand Public Service Commissio

Click Here to Read the rest of this document