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2021 DIGILAW 430 (UTT)

Lalit Mohan Chamola v. State Of Uttarakhand

2021-10-21

ALOK KUMAR VERMA, RAGHVENDRA SINGH CHAUHAN

body2021
JUDGMENT Raghvendra Singh Chauhan, CJ. - The petitioner has raised the following prayers before this Court : (i) Issue a writ, order or direction in the nature of certiorari calling for the record and quashing the impugned Office Memorandum/Promotion Order dated 26th August 2021 (Annexure No. 9 to the writ petition), so far as it relates to the promotion of the private respondents on the post of Additional Director Education is concerned, as they are junior to the petitioner. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to hold the Review DPC of the DPC pursuant to which the impugned Office Memorandum / Promotion Order dated 26th August 2021 has been issued, and to consider the case of the petitioner for promotion from the date of the entitlement of the petitioner, ignoring the un-communicated ACR entries of the petitioner. 2. However, as the case relates to a service matter, the petitioner has ample efficacious alternate remedy to file a claim petition before the Public Service Tribunal. 3. Since the petitioner has an effective alternate remedy, the present writ petition is not maintainable before this Court. 4. Therefore, the writ petition is, hereby, dismissed.