WPSB/428/2022
2022 Latest Caselaw 2460 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
                      SRI JUSTICE VIPIN SANGHI, C.J.
                                  AND
                       SRI JUSTICE R.C. KHULBE, J.

4th August, 2022

WRIT PETITION (S/B) No. 428 OF 2022 Between:

Giresh Chandra Pant .........Petitioner

and

State of Uttarakhand and another ....Respondents

Counsel for the petitioner : Mr. Rakesh Thapliyal, learned Senior Counsel assisted by Ms. Neeti Rana, learned counsel.

Counsel for the respondents : Mr. K.N. Joshi, learned Deputy Advocate General for the State of Uttarakhand.

Mr. D.S. Patni, learned Senior Counsel assisted by Mr. Bhupendra Singh Bisht, learned counsel for respondent No. 2.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

The petitioner has preferred the present writ

petition to seek the following relief:-

"i. To issue a writ, order or direction in the nature of mandamus directing the respondents to hold a review DPC in respect of the vacant posts of Assistant Engineer (Civil) under 8.33% quota pertaining to recruitment year of 2014-15 by considering the candidature of the incumbents, who were eligible under 50% quota for promotion by invoking Rule 5(1)(Ka)(2) of 2011 Rules."

2. We have pointed out to Mr. Rakesh Thapliyal,

learned Senior Counsel for the petitioner, that the

Uttarakhand Public Services Tribunal has the jurisdiction

to deal with the grievance of the petitioner.

3. Mr. Rakesh Thapliyal, learned Senior Counsel for

the petitioner, states that the petitioner's representation

dated 15.07.2022 (Annexure-15 to the writ petition) is

pending consideration. He submits that respondents may

be directed to decide the said representation in a time-

bound manner.

4. We, accordingly, dispose of this petition with a

direction to the respondents to decide the petitioner's said

representation within two months. In case, the petitioner

is still aggrieved, it shall be open to the petitioner to

prefer a claim petition before the Uttarakhand Public

Services Tribunal.

5. In sequel thereto, pending application, if any,

also stands disposed of.

________________ VIPIN SANGHI, C.J.

____________ R.C. KHULBE, J.

Dt:4th August, 2022 Rathour