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2022 Supreme(UK) 446

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, R.C. Khulbe, JJ.
Kheema Nand Tiwrai - Appellant
Versus
State of Uttarakhand & Ors. - Respondents
Special Appeal No. 368 of 2022
Decided On : 07-12-2022

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

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.

Headnote:
Public Service - Promotion - The court dismissed the writ petition of a public servant seeking promotion, stating that the reliefs sought by the appellant fell under the jurisdiction of the Uttarakhand Public Services Tribunal due to the appellant's status as a public servant.
Fact of the Case:

The appellant, a public servant, sought promotion to the post of Additional Private Secretary. The Uttarakhand Public Service Commission found the appellant ineligible for promotion due to incomplete ACRs and withheld increments.
Finding of the Court:

The court dismissed the writ petition, stating that the appellant's case for promotion could be decided by the Uttarakhand Public Services Tribunal, and that the appellant had already approached the Tribunal previously.
Issues: The main issue was the eligibility of the appellant for promotion and the jurisdiction of the court to decide on the reliefs sought.
Ratio Decidendi: The court found that the appellant's case for promotion fell under the jurisdiction of the Uttarakhand Public Services Tribunal and declined to interfere with the impugned order.
Final Decision: The Special Appeal was dismissed, and the appellant was advised to approach the Uttarakhand Public Services Tribunal for the reliefs sought in the writ petition.

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 Commission on 03.08.2022, and the appellant has been held to be ineligible for promotion to the post of Additional Private Secretary on the ground that his ACRs are not complete, and his two increments have been withheld. The appellant has preferred the present Writ Petition to assail that decision of the Public Service Commission, and has also sought other consequential reliefs.

4. The said issue raised by the appellant can be decided de hors the pendency of the three Writ Petitions before this Court, being Writ Petition (S/B) Nos. 136 of 2021, 172 of 2021 and 539 of 2021. Even earlier, the appellant has approached the Uttarakhand Public Services Tribunal, and the Tribunal has entertained the appellant's Claim Petitions, and decided them on merit.

5. We are, therefore, not inclined to interfere with the impugned order. The Special Appeal is, accordingly, dismissed. The appellant is, however, at liberty to approach the Uttarakhand Public Services Tribunal to claim the reliefs sought in the Writ Petition.

6. Consequently, pending applications, if any, also stand disposed of.

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