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VIPIN SANGHI, ALOK KUMAR VERMA
Rajendra Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
By means of this writ petition, filed under Article 226 of the Constitution of India, petitioner has assailed the judgment dated 07.01.2022, passed by learned Uttarakhand Public Services Tribunal, at Dehradun (in short, “the Tribunal”) in Claim Petition No.18/DB/2001, titled, “Rajendra Kumar vs. State of Uttarakhand and Others”, by which the said Claim Petition has been dismissed as barred by limitation.
2. Brief facts of the case are that the petitioner was appointed as Class IV employee on 02.08.1989 in Trade Tax Department, Uttar Pradesh. After creation of State of Uttarakhand, he had given his option for the State of Uttar Pradesh cadre. On 23.10.2001, the list of employees, allotted to the State of Uttarakhand cadre, was released. The petitioner’s name was not included in the said list. In the month of March, 2003, petitioner sent his application for changing his State cadre from Uttar Pradesh, to State of Uttarakhand.
3. In the State of Uttarakhand, DPC was conducted for promotion of the employees of Class IV to Class III for the year 2004-2005. Vide letter No.836, dated 09.11.2006, the State of Uttar Pradesh transferred the service of the petition
The court emphasized the importance of adhering to statutory limitation periods and upheld the dismissal of the claim petition based on the statutory obligation under Section 5(1)(b) of the Act.
Cadre or ex-cadre posts - When there is no statutory provision or there is no statutory appeal provided, the period of limitation would not get extended. Law does not permit extension of period of li....
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.
It is well settled that in order to raise the plea that the claim petition is within the period of limitation and not barred by it, it must be shown that the remedy been followed or availed of was a ....
The Writ Petition was dismissed as not maintainable due to being filed after the limitation period. On merits, the court found that the promotion of Sri G.K. Venkoba was granted under the reservation....
Adherence to statutory limitation is crucial, and the provisions for limitation should be interpreted strictly. The court emphasized that the point of limitation is a point of jurisdiction, and if an....
The main legal point established in the judgment is the importance of considering all representations made by the petitioner and the effect of any orders granting liberty to file fresh applications w....
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