WPSB/409/2021
2022 Latest Caselaw 3632 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                  THE HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI

                WRIT PETITION (S/B) NO. 409 OF 2021

                          15TH NOVEMBER, 2022

BETWEEN:
Lalit Kumar Singh                                             .....Petitioner.
And

State of Uttarakhand & others                                 ....Respondents.

Counsel for the Petitioner : Mr. Sandeep Tiwari, learned counsel.

Counsel for the Respondents : Mr. K.N. Joshi, learned Deputy Advocate General.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Miscellaneous applications (IA Nos.01 of 2021 and

02 of 2021) are allowed, and the counter-affidavit filed by

respondent no.1 and the rejoinder-affidavit to the counter-

affidavit of respondent no.1 are taken on record.

2. Petitioner, admittedly, is a public servant. The

reliefs sought in the writ petition are as follows:-

"I. Issue a writ order or direction in the nature of mandamus directing the respondent to extend the benefit of the Special Dynamic Assured Career Progression Scheme (SDACP) as introduced vide Government Order dated 14.07.2016 in PMHS Cadre of Medical Health & Family Welfare Department to the petitioner and grant him all consequential benefits.

II. Issue a writ order or direction in the nature of mandamus directing the respondent to waive of the condition of mandatory hard area service while granting the Special

Dynamic Career Progression Scheme as no ESIS dispensary is situated in the hard and hilly area of the State as on date.

III. Issue any order or further writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case."

3. The said reliefs squarely fall for consideration within

the jurisdiction of the Uttarakhand Public Services Tribunal.

4. Since the pleadings are complete, we direct the

Registry to transmit the record of the present writ petition to

the Tribunal forthwith to be registered as a claim petition.

5. The writ petition is disposed of accordingly.

(VIPIN SANGHI, C.J.)

(MANOJ KUMAR TIWARI, J.) Dated: 15th November, 2022 NISHANT