Back
VIPIN SANGHI, ALOK KUMAR VERMA
Uttarakhand Takniki Karmchari Sangh, through its President – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Vipin Sanghi, J.)
1. When the writ petition was heard by this Court on 23.11.2022, the following order was passed :
Mr. Pradeep Joshi, learned Additional Chief Standing Counsel for the State-respondent nos. 1 to 4.
The petitioner is an association of public servants/officers serving in the department of Horticulture and Food Processing. They have preferred the present writ petition to assail certain government orders, as being discriminatory. They have also assailed the seniority list dated 11.10.2022, issued by respondent No. 2.
It appears to us that the claims made by the petitioner on behalf of public servants, can be raised before the Uttarakhand Public Services Tribunal constituted under the Uttar Pradesh Public Services (Tribunal) Act, 1976.
The submission of leaned counsel for the petitioner is that, since the petitioner is an association, the petitioner association cannot maintain the claim petition before the said Tribunal, as only a person who is, or has been a public servant, can maintain a claim petition and the association, by itself, is not a person, who could be described as a public servant.
Prima facie, w
An association of public servants, along with its office bearers, can maintain a claim petition before the Tribunal, despite not being individual public servants.
Only individuals personally aggrieved have the right to file writ petitions; service associations cannot represent individual grievances.
Jurisdiction of the Uttarakhand Public Services Tribunal over matters related to public servant promotions.
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.
Availability of alternate efficacious remedy before a specialized tribunal may preclude the exercise of writ jurisdiction under Article 226 of the Constitution of India.
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 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....
Jurisdiction of the court to consider reliefs sought by a public servant in a pension dispute.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
