WPSS/1406/2020
2022 Latest Caselaw 598 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
           ON THE 7TH DAY OF MARCH, 2022
                      BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
 WRIT PETITION (S/S) No. 1406 of 2020

BETWEEN:
Vinod Singh Dev & others                  ... Petitioners
     (Mr. Bhagwar Mehra, Advocate)

AND:
State of Uttarakhand & others             ... Respondents
     (Mr. Rakesh Kunwar, learned Additional C.S.C.)

                       JUDGMENT

1. Withdrawal application has been moved on behalf of the petitioner no. 1. Learned counsel for the petitioner submits that petitioner No. 1 does not want to press this writ petition and seeks permission to withdraw the writ petition.

2. In the interest of justice, withdrawal application (IA No. 01 of 2021) is allowed. Name of petitioner no. 1 shall be scored off from the array of the parties.

3. Learned counsel for the petitioner is directed to file amended memo of parties in the Registry within 24 hours.

4. Petitioners are serving as Assistant Sub- Inspector (Ministerial) in Uttarakhand Police. By means of this writ petition, petitioners have sought the following relief:-

(i) To issue a writ order or direction in the nature of mandamus commanding the Respondents to forthwith finalize the

restructuring of the Ministerial Cadre of Police Department, as decided by the Respondent No. 2 and 3 in its meeting dated 13.4.2017 as communicated vide order dated 15.4.2017 and further in view of order dated 3.10.2017 (Annexure No. 15 and 16 respectively to this writ petition).

5. From the pleadings made in the writ petition, it appears that the Competent Authority is seized of the matter.

6. Mr. Bhagwat Mehra, learned counsel appearing for the petitioner has apprised the Court that Police Establishment Committee has also made certain recommendations in its meeting held on 13.04.2017. Learned counsel for the petitioner, therefore, confines his prayer and submits that the Competent Authority be directed to take decision in the matter.

7. Accordingly, the writ petition is disposed of with liberty to the petitioners to make fresh representation to the Secretary (Home), Dehradun, within two weeks from today. If such representation is made within stipulated time, Secretary (Home) shall consider the matter and pass appropriate order, as per applicable law/policy, as early as possible, but not later than four months from the date of production of certified copy of this order along with representation.

(MANOJ KUMAR TIWARI, J.) Aswal