Uttarakhand High Court
Jagdish Chandra vs State Of Uttarakhand And Others on 7 September, 2021
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 1022 of 2021
Jagdish Chandra .......... Petitioner
Vs.
State of Uttarakhand and others ............ Respondents
Mr. D.S. Patni, Senior Advocate assisted by Mr. Dharmendra Barthwal, Advocate
for the petitioner.
Mr. P.C. Bisht, Additional Chief Standing Counsel with Mr. Narain Dutt, Brief
Holder for the State/respondent nos.1 to 4.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
By means of the instant writ petition, petitioner seeks the
following reliefs:
"(i) Issue a writ, order or direction in the nature of
certiorari quashing the impugned order dated 05-08-
2021 passed by the respondent no.1/Secretary,
Urban Development Department, Government of
Uttarakhand (contained as Annexure no.1 to this
writ petition.
(ii) Issue a writ order or direction in the nature of
certiorari quashing the impugned transfer order of
Respondent No.6 dated 05-08-2021 issued by
respondent no.1 (contained as Annexure no.1 to this
writ petition).
(iii) Issue a writ, order or direction in the nature of
mandamus directing the respondents not to disturb
the petitioner from his present posting as Incharge
Executive Officer, Nagar Palika Parishad Bazpur,
District Udham Singh Nagar and let the Petitioner
remain and function as Incharge Executive Officer,
Nagar Palika Parishad Bazpur.
(iv) Issue any writ or order which this Hon'ble Court
may deem fit in the interest of justice.
(v) Award cost of the petition in favour of the
Petitioner."
2. This matter was heard on 11.08.2021, when this Court
initially passed the following order:
"Mr. D.S. Patni, Senior Advocate assisted
by Mr. Dharmendra Barthwal, Advocate for the
petitioner.
Mr. P.C. Bisht, Additional Chief Standing
Counsel for the State.
It is the case of the petitioner that having
appointed on Deputation as Sanitary Inspector in
the Nagar Palika Parishad, Tanakpur, District
Champawat in the year 1997, the petitioner has
suddenly been repatriated on 05.08.2021, despite
having served the department for more than 24
years. It is also the case of the petitioner that many
similarly situated persons were absorbed in the
department.
Heard.
Learned State counsel would submit that
petitioner was merely given charge of the Executive
Officer, he was merely a Sanitary Inspector; the
petitioner has no lien as an Executive Officer, he is
Sanitary Inspect.
Having heard, this Court is of the view that
this matter definitely require deliberation.
Mr. P.C. Bisht, Additional Chief Standing
Counsel takes notice on behalf of respondent nos.1,
2, 3, 4 and 6.
Mr. Siddhant Manral, Advocate takes notice
on behalf of respondent no.5.
Counter affidavit may be filed within two
weeks.
Rejoinder affidavit, if any, may be filed a
week thereafter.
List on 03.09.2021.
Interim Relief Application (IA) No.1 of 2021
Heard on interim relief application.
In the nutshell, it is the case of the petitioner
that in the year 1997, he was taken on deputation as
Sanitary Inspector and now he has been repatriated
after so many years without affording any
`opportunity and many more persons junior to him
have already been absorbed.
Having heard, this Court is of the view that
definitely, as an interim measure, the effect and
operation of the impugned order dated 05.08.2021
may be stayed till the next date of listing.
Order accordingly. "
3. The order dated 11.08.2021 was dictated in the open Court,
but while signing the order, it was revealed that, in fact, the jurisdiction
of the Court to entertain such petitions was not considered while
passing the order. Therefore, on the same date, the Court passed
another order, which is as hereunder:
"This order was dictated in the open Court.
While signing, it revealed that, in fact, the
jurisdiction of the Court to entertain such petition
was not considered while passing the order.
List on 13.08.2021 to consider the
maintainability of this petition in view of the
availability of alternate efficacious remedy from
the State Public Services Tribunal, as constituted
under the Uttar Pradesh Public Services (Tribunal)
Act, 1976. "
4. Thereafter, the matter was heard about the maintainability
of the instant petition by this Court in view of the availability of
alternate efficacious remedy from the State Public Services Tribunal, as
constituted under the Uttar Pradesh Public Services (Tribunal) Act,
1976.
5. Heard learned counsel for the parties and perused the
record.
6. After arguing at a great length, learned senior counsel for
the petitioner would submit that he be permitted to withdraw the writ
petition so as to prefer the claim before the State Public Services
Tribunal. He also seeks directions that since after hearing the matter,
this Court had passed an interim order, at the strength of which, the
petitioner is still continuing on the post, the petitioner may be protected
for another one month to approach the State Public Services Tribunal.
7. Learned State counsel also submits that, in fact, the claim
should have been preferred before the State Public Services Tribunal.
8. Generally, in case, the Court considers that the petition
should not be entertained by this Court, no further orders should be
passed. But, the facts of this case are little distinct. In the instant case,
initially the Court had passed interim order, by which, the effect and
operation of the impugned order dated 05.08.2021 was stayed till the
next date of listing. On the same date, the question of entertainability of
the instant petition by this Court on its own.
9. When the matter was heard on this point, as stated, now
petitioner seeks permission to withdraw the instant petition so as to
prefer his claim before the State Public Services Tribunal. In view of it,
this Court, purely in the interest of justice, considers it expedient that
while permitting the petitioner to withdraw the petition, the effect of
impugned order should be stayed for a period of 07 working days.
10. Accordingly, the writ petition is dismissed as withdrawn.
The effect of impugned order shall remain in abeyance for a period of
07 working days.
(Ravindra Maithani, J.)
07.09.2021
Sanjay
