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2016 DIGILAW 46 (UTT)

Dinesh Pratap Singh v. State of Uttarakhand

2016-02-03

U.C.DHYANI

body2016
JUDGMENT : U.C. DHYANI, J. A translated copy has been filed, therefore, the defects as pointed out by the Registry has been removed. By means of present writ petition, the petitioner seeks following relief, among others: (i) Issue a writ, order or direction in the nature of Certiorari quashing the orders dated 12.05.2014, 31.10.2014 and 08.06.2015. (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.4 to pay the due amount of cumulative leave of 14 days since 22.12.2013 to 04.01.2014 for which representation dated 29.05.2014 is pending before the respondent nos. 3 & 4. (iii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to take decision on the case of the petitioner of the payment of amount of cumulative leave of 14 days since 22.12.2013 to 04.01.2014 keeping in abeyance the orders dated 12.05.2014, 31.10.2014, 08.06.2015 orders dated 12.05.2014 31.10.2014, 08.06.2015 (Annexure Nos. 2, 6 & 10 to the writ petition) and direct to respondent no.2 to take decision on representation dated 29.05.2014 in the light of government order dated 21.12.1992 (Annexure no.4 to the writ petition). After arguing the writ petition at some length, learned counsel for the petitioner confined his prayer only to the extent that representation of the petitioner may kindly be directed to be decided by respondent no. 2 by a reasoned and speaking order at an earliest possible but not later than six weeks, in accordance with law. It is the submission of learned counsel for the respondents/State that if the representation is moved by the petitioner, the same shall be disposed of, in accordance with law. Writ petition is disposed of at the admission stage by directing respondent no. 2 to decide the representation of the petitioner by a reasoned and speaking order, at an earliest possible but not later than six weeks of the presentation of the certified copy of this order along with representation annexing the copy of the writ petition. Urgency application (IA No. 679 of 2016) stands disposed of.