WPSS/727/2021
2021 Latest Caselaw 2129 UK

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                                       WPSS No.727 of 2021
                                       With
                                       WPSS No.729 of 2021
                                       Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing) Mr. Amar Murti Shukla, Advocate for the petitioners.

Mr. P.S. Bisht, Addl. C.S.C. for the State of Uttarakhand.

The petitioners to the present writ petition has challenged the impugned orders, which are of the like date dated 07.06.2021, by virtue of which the representation of the petitioners for the purposes of grant of the notional promotion, has been rejected and notional promotion has been declined to be granted in compliance of the direction issued by the Coordinate Bench of this Court in Writ Petition No.249 of 2021 (S/S) Kunwar Singh vs. State of Uttarakhand and Writ Petition No.262 of 2021 (S/S) Birendra Dutt Nautiyal vs. State of Uttarakhand; as disposed of by the Coordinate Bench of this Court by the judgment of 03.02.2021, where the direction was issued to respondents to take a decision on the representation of the petitioners, with regards to the petitioners' contention and claim for being granted notional promotion.

Looking to the controversy and particularly when it entails a consideration of determination of an inter-se seniority, as well as the orders passed of promotion, I am of the view that the nature of controversy entails a determination of a factual aspect and also since in compliance of the earlier order passed by the Coordinate bench of this Court, their representation has already been decided by the order of 07.06.2021, the issue would fall to be within the ambit of consideration of the Public Services Tribunal. Hence, the present writ petition is dismissed with a direction to the petitioners, that it will be open for him to approach to the Public Services Tribunal for redressal of his grievances, as against the impugned order dated 07.06.2021, which are under challenge or for any other ancillary relief, which is emanating from the said order.

Subject to the above observations, these writ petitions are dismissed on the ground of availability of a statutory remedy before Public Services Tribunal.

(Sharad Kumar Sharma, J.) 30.06.2021 Arti `