WPSB/4/2016
2022 Latest Caselaw 2770 UK

    IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                             AND
                HON'BLE SRI JUSTICE R.C. KHULBE

                         31ST AUGUST, 2022
          WRIT PETITION (S/B) No. 04 OF 2016

Between:

Anil Kumar Pandey.
                                                              ...Petitioner
and

State of Uttarakhand and others.
                                                          ...Respondents

Counsel for the petitioner.         :   Mr. Vinay Kumar, the learned counsel.

Counsel for the respondent nos. 1   :   Mr. Vikas Pande, the learned Standing
to 4.                                   Counsel for the State of Uttarakhand.

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

              The reliefs sought in the present Writ Petition

are the following :-

              (i)     Issue a writ, order or direction in the nature of
                      certiorari quashing the communication dated
                      31st October 2015 of Principal Chief Conservator
                      of Forest, Uttarakhand, Dehradun, whereby the
                      petitioner has been informed that the petitioner
                      could not be promoted on the post of Chief
                      Administrative Officer as the petitioner has
                      secured less than 08 marks on the basis of his
                      service record.

              (ii)    Issue a writ, order or direction in the nature of
                      certiorari quashing the communication dated
                      26th     November      2015,     whereby      the
                      representation of the petitioner against non-
                      promotion on the post of Chief Administrative
                      Officer has been rejected.

              (iii)   Issue a writ, order or direction in the nature of
                      mandamus directing the respondents to upgrade
                      the downgraded ACR entries 'Good' awarded in
                      the Recruitment Year 2010-11 and 2011-12 to
                      the petitioner, which were never communicated
                    to the petitioner, as the same is adversely
                   affecting the chance of promotion of the
                   petitioner.

            (iv)   Issue a writ, order or direction in the nature of
                   mandamus directing the respondents to hold the
                   review   of    the    Departmental      Promotion
                   Committee held on 30th October 2015 for
                   making promotion on the post of Chief
                   Administrative     Officer    in    the    Forest
                   Department."



2.          The petitioner is a government servant.            The

subject matter of the Writ Petition squarely falls within

the jurisdiction of the Uttarakhand Public Services

Tribunal.


3.          Accordingly, we transfer the records of this

Writ Petition to the Uttarakhand Public Services Tribunal

for registration and consideration of the same as a Claim

Petition.


4.          The Tribunal is requested to expedite the

hearing of the case, considering the fact that the petition

has been pending since the year 2016.


5.          In sequel thereto, all pending applications

stand disposed of.

                                         ________________
                                          VIPIN SANGHI, C.J.


                                              _____________
                                               R.C. KHULBE, J.

Dt: 31st August, 2022 Rahul