SPA/368/2022
2022 Latest Caselaw 3938 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

                        07TH DECEMBER, 2022
              SPECIAL APPEAL No. 368 OF 2022

Between:

Kheema Nand Tiwrai.                                               ...Appellant

and

State of Uttarakhand and others.                             ...Respondents

Counsel for the appellant.          :   Mr. Sanjay Bhatt, the learned counsel.

Counsel for respondent nos. 1 and   :   Mr. Anil Kumar Bisht, the learned
2.                                      Additional Chief Standing Counsel for
                                        the State of Uttarakhand.

Counsel for respondent no. 3.       :   Mr. Ashish Joshi, the learned counsel.

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

              The present Special Appeal is directed against

the order dated 17.10.2022, passed by the learned Single

Judge in Writ Petition (S/S) No. 1958 of 2022.                               The

learned Single Judge has dismissed the said Writ Petition,

since the writ petitioner-appellant is a public servant, as

defined under Section 2(b) of the U.P. Public Service

(Tribunals) Act, 1976, and the reliefs sought by the

appellant falls for consideration by the Uttarakhand Public

Services Tribunal.           The appellant has been left to invoke

the alternative remedy.
 2.          The submission of the learned counsel for the

appellant is that three Writ Petitions, being Writ Petition

(S/B) Nos. 136 of 2021, 172 of 2021 and 539 of 2021, are

already pending before this Court in relation to the

appellant's claim for promotion to the post of Additional

Private Secretary.      He submits that, therefore, the

appellant may not be relegated to the Uttarakhand Public

Services Tribunal to claim the reliefs, as sought in the Writ

Petition.


3.          We have considered the aforesaid submission of

the learned counsel for the appellant.     We find that the

appellant's case for promotion was considered by the

Uttarakhand Public Service Commission on 03.08.2022,

and the appellant has been held to be ineligible for

promotion to the post of Additional Private Secretary on

the ground that his ACRs are not complete, and his two

increments have been withheld.          The appellant has

preferred the present Writ Petition to assail that decision

of the Public Service Commission, and has also sought

other consequential reliefs.


4.          The said issue raised by the appellant can be

decided de hors the pendency of the three Writ Petitions

before this Court, being Writ Petition (S/B) Nos. 136 of
                               2
 2021, 172 of 2021 and 539 of 2021.          Even earlier, the

appellant has approached the Uttarakhand Public Services

Tribunal, and the Tribunal has entertained the appellant's

Claim Petitions, and decided them on merit.


5.        We are, therefore, not inclined to interfere with

the impugned order.       The Special Appeal is, accordingly,

dismissed.     The appellant is, however, at liberty to

approach the Uttarakhand Public Services Tribunal to claim

the reliefs sought in the Writ Petition.


6.        Consequently, pending applications, if any, also

stand disposed of.


                                       ________________
                                        VIPIN SANGHI, C.J.


                                           _____________
                                            R.C. KHULBE, J.

Dt: 07th December, 2022 Rahul