A single judge bench of the Justice Manoj Kumar Tiwari of Uttarakhand HC has disposed the writ petition seeking issuance of mandamus as the petitioner failed to make his claim againt the formal competent authority to decide his case and claimed his relief directly from this court.
Therefore, court directed to present his case before the competent authority to whom it was directed to dispose of the case within ten weeks.
Facts:
In the present case, the petitioner was initially engaged as Seasonal Peon in District Nainital and his services were subsequently regularized vide order dated 14.09.2015. According to the petitioner, he has become eligible for promotion to the post of Collection Amin and there are vacancies on the post of Collection Amin available in District Nainital, but his claim for promotion is not being considered. Therefore, he sought relief by this petition to issue writ of mandamus to grant all promotional benefits to the petitioner from the date of recommendation of his promotion by the respondent no. 5 as per law.
The learned counsel for the petitioner submitted that Tehsildar, Haldwani has recommended petitioner’s case to District Magistrate by a letter dated 27.09.2019. The learned Brief Holder, however, points out that appointing authority in respect of Collection Amin is S.D.M., therefore, the recommendation to District Magistrate is of no avail.
Observations of the Court:
The court observed the petitioner has filed a present petition to sought a writ of mandamus without making a formal demand before the Competent Authority, therefore, they disposed of the writ petition by permitting the petitioner to make representation to S.D.M., Haldwani regarding his promotion. Further, directed that if petitioner makes representation within two weeks from today, decision thereupon shall be taken, as per law, within a period of ten weeks’ from the date of receipt of representation alongwith certified copy of this order.
Decision:
The writ petition to issue writ of mandamus was rejected as petitioner failed to make a formal demand before the Competent Authority.
Case: Mukesh Bahuguna vs State of Uttarakhand
Citation: WPMS No.1109 of 2020
Coram: Justice Manjoj Kumar Tiwari
Dated: 03.11.2022
Read Judgment @Latestlaws.com
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