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2023 DIGILAW 41 (UTT)

Deepak Bhatt v. State of Uttarakhand

2023-01-09

ALOK KUMAR VERMA

body2023
JUDGMENT Alok Kumar Verma, J. - The present Writ Petition has been filed under Article 226 of the Constitution of India with the following reliefs:- (i) To declare the action of the respondents, particularly respondent no.3, in the matter as arbitrary and illegal. (ii) To issue a writ, order or direction in the nature of certiorari to quash the impugned communication/letter dated 17.09.2018, issued by the respondent no.3 (Annexure No.6 to the writ petition) in so far as it relates to the petitioner i.e. Para 6(iii). (iii) To issue a writ, order or direction in the nature of mandamus commanding the respondents to consider and promote the petitioner to the post of Assistant Engineer (Civil) form due date i.e. from the date when the persons junior to him, promoted to the said post, under Degree holder quota, and also to grant all consequential benefits to him. 2. Heard Mr. Bhagwat Mehra, learned counsel for the petitioner, Mr. N.S. Pundir, learned Deputy Advocate General with Mr. Ajay Singh Bisht, learned Additional C.S.C., Mr. Sushil Vashisth, learned Standing Counsel & Mr. S.M.S. Mehta, learned Brief Holder for the State/respondent nos.1 and 2 and Mr. Ashish Joshi, learned counsel for the respondent no.3. 3. Mr. N.S. Pundir, learned Deputy Advocate General for the State, submitted that the present matter relates to the conditions of service of a public servant, therefore, the petitioner has alternate efficacious remedy to raise his grievances before the Uttarakhand Public Services Tribunal. 4. Mr. Bhagwat Mehra, learned counsel appearing for the petitioner, agrees to transfer the present matter to the Uttarakhand Public Services Tribunal. 5. As the disputes raised in the present writ petition can be effectively adjudicated by the Uttarakhand Public Services Tribunal, with the consent of both the parties, the complete record along with the writ petition, after retaining the copies thereof, is being transmitted to the Uttarakhand Public Services Tribunal for hearing the writ petition as a claim petition in accordance with law. 6. The Uttarakhand Public Services Tribunal is also requested to consider entertaining the present matter as a claim petition taking into consideration this fact that the present matter has been pending for past four years. 7. The present Writ Petition (S/S No.3482 of 2018) stands disposed of accordingly.