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VIPIN SANGHI, ALOK KUMAR VERMA
Dinesh Chandra Dhasmana – Appellant
Versus
Principal Secretary, Dairy Development – Respondent
JUDGMENT :
SRI VIPIN SANGHI, J.
The petitioner has preferred the present writ petition to assail the order dated 03.03.2014, passed by the Uttarakhand Public Services Tribunal, Dehradun in Claim Petition No.69 of 2011, as well as the order dated 24.06.2019, passed in the aforesaid claim petition by the same Tribunal, whereby the recall application preferred by the petitioner was dismissed.
2. The petitioner was serving as an employee of the U.P. Dairy Development Department. He was posted as Government Milk Supervisor in Gopeshwar, District Chamoli.In the year 1994, disciplinary proceedings were commenced against him. After completion of the Departmental Inquiry, the petitioner was terminated by the State of Uttar Pradesh vide order dated 05.12.1996. The petitioner challenged his termination before the Uttar Pradesh Public Services Tribunal by filing Claim Petition No.2434/1997. Upon creation of the State of Uttaranchal (which was later on renamed as “Uttarakhand”), the said claim petition was transferred by virtue of Section 91 of the Uttar Pradesh Reorganization Act, 2000, to the Uttarakhand Public Services Tribunal, and was re-numbered as 41 of 2005. The said claim petition was dis
The main legal point established in the judgment is the interpretation of Section 91(1) of the U.P. Reorganization Act in determining the territorial jurisdiction of the Uttarakhand Public Services T....
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.
The court has the discretion to entertain a writ petition despite the availability of alternative forums, based on the relief sought by the petitioners.
Adherence to statutory provisions governing transfers and postings of public servants, and the need for strict compliance with the Uttarakhand Annual Transfer for Public Servants Act, 2017.
Availability of alternate efficacious remedy before a specialized tribunal may preclude the exercise of writ jurisdiction under Article 226 of the Constitution of India.
Jurisdiction of the Uttarakhand Public Services Tribunal over matters related to public servant promotions.
The court emphasized that transfer is an incident of service and should not be interfered with unless mala fide is shown or if the transfer reduces the petitioner in rank.
A court or tribunal must decide a pending application for vacation of an interim stay before initiating or insisting upon compliance under the threat of contempt. Preemptively enforcing an interim or....
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