WPSB/355/2021
2021 Latest Caselaw 3486 UK

  IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL
          ON THE 6th DAY OF SEPTEMBER, 2021

                               BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
                                   AND

      HON'BLE SHRI JUSTICE ALOK KUMAR VERMA

          Writ Petition (S/B) No.355 of 2021

BETWEEN:

     Tarun Garg & Ors.                                    .....Petitioners

       (Mr. Bhagwat Mehra, Advocate)


AND:

     State of Uttarakhand & Ors.                     .....Respondents

        (Mr. Yogesh Pandey, Addl. C.S.C. along with Mr. S.S. Chaudhary, Brief
       Holder for the State/respondent nos.1 and 2 and Mr. B.D. Kandpal,
       Advocate for respondent no.3)


This Writ Petition coming on for hearing this day, Hon'ble Shri Justice
Manoj Kumar Tiwari, J. delivered the following Judgment:



                          JUDGEMENT

Heard learned counsel for the parties.

2. Petitioners were appointed as Lecturer and presently they are serving as Head of Department in different Government Polytechnics controlled by Technical Education Department. According to the petitioners, a seniority list has been prepared by the Competent Authority in gross violation of statutory provisions including Uttarakhand Government Servants Seniority Rules, 2002, which is under challenge in this writ petition.

3. A Division Bench of this Court in Bhuvan Chandra Pandey and Ors. vs. State of Uttaranchal and Ors. reported in (2006) 2 U.D. 439 has held that in view of availability of efficacious statutory remedy under the U.P. Public Service (Tribunals) Act, 1976, seniority dispute may not be entertained by this Court.

4. In such view of the matter, the writ petition is dismissed with liberty to the petitioners to approach the Public Service Tribunal constituted under the aforesaid Act.

(MANOJ KUMAR TIWARI, J.)

(ALOK KUMAR VERMA, J.)

Rajni