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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ALOK KUMAR VERMA, J.
Rajendra Singh Rawat – Appellant
Versus
State of Uttarakhand and Others - Respondents
Writ Petition (S/B) No. 44 of 2023
Decided on : 07-02-2023
seniority list - Article 226 of the Constitution of India - The court dismissed the writ petition and granted the petitioner liberty to file a claim petition before the Uttarakhand Public Services Tribunal.
Fact of the Case:
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking to set aside the seniority list and to conduct a review DPC as per the merit list/seniority list prepared by the PTC.
Finding of the Court:
The court dismissed the writ petition as withdrawn, granting the petitioner liberty to file a claim petition before the Uttarakhand Public Services Tribunal.
Issues: The issues involved the challenge to the seniority list and the direction to conduct a review DPC as per the merit list/seniority list prepared by the PTC.
Ratio Decidendi: The court's decision was influenced by the petitioner's request to withdraw the writ petition and file a claim petition before the Uttarakhand Public Services Tribunal, which was not objected to by the State's counsel.
Final Decision: The writ petition was dismissed as withdrawn, with the petitioner granted liberty to file a claim petition before the Uttarakhand Public Services Tribunal.
JUDGMENT :
Alok Kumar Verma, J.
The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers:
2. Issue writ/order/direction in the nature of mandamus and direct the respondent nos.1, 2 and 3 to conduct the review DPC as per the merit list/seniority list, prepared by the PTC.
2. Heard Mr. Shashank Pandey, learned counsel for the petitioner and Mr. J.C. Pandey, learned Standing Counsel for the State.
3. Mr. Shashank Pandey, Advocate, requested to permit the petitioner to withdraw the present writ petition with liberty to file claim petition before the Uttarakhand Public Services Tribunal.
4. Learned counsel for the State has no objection.
5. The present Writ Petition (S/B No.44 of 2023) is dismissed as withdrawn granting liberty to the petitioner to file claim petition before the Uttarakhand Public Services Tribunal in accordance with law.
The court's decision highlighted the option for the petitioner to pursue the matter by filing a claim petition before the Uttarakhand Public Services Tribunal.
The court addressed the process of reviewing seniority lists and the necessity for prompt consideration of pending objections before promotions are executed.
The main legal point established is the court's authority to dispose of a petition when the respondents agree to revise the seniority list and provide consequential benefits if found eligible.
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 validity of re-fixation of seniority list on merit basis and the compliance with reservation principles under Article 16(4) and Article 16(4-A)....
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