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ALOK KUMAR VERMA
Rajendra Singh Rawat – Appellant
Versus
State of Uttarakhand – Respondent
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 The present Writ Petition (S/B No.44 of 2023) is dismissed as withdrawn granting liberty to the petitioner to file claim petition before the Uttarakhand Public Services Tribunal in accordance with law.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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