Citation : 2022 Latest Caselaw 3828 UK
Judgement Date : 29 November, 2022
Office Notes,
reports, orders
SL. or proceedings
Date COURT'S OR JUDGES'S ORDERS
No or directions and
Registrar's order
with Signatures
WPSS 2257/2022
Hon'ble Manoj Kumar Tiwari, J.
Mr. Kaushal Sah Jagati, Advocate, for the petitioner.
Mr. P.C. Bisht, Additional CSC, for the State.
Petitioner is serving as Head Constable in the intelligence unit of State Police. By means of this writ petition, he has sought following reliefs:
"(i) Issue a writ, order or direction in the nature of mandamus to direct the respondent no. 3 to enter the eight (8) cash rewards earned by the petitioner during the year 2015-19, in the character roll of the petitioner and the respondent no. 4 be directed to add the marks against in the total marks obtained by the petitioner in the promotional examination.
(ii) Issue a writ, order or direction in the nature of mandamus to direct the respondents to reserve one post of Sub- Inspector in pursuance of advertisement dated 22.1.2021, till the pendency of present writ petition (Annexure-2).
(iii) Issue a writ, order or direction in the nature of mandamus to direct the respondent no. 2 & 3 to decide the representation of the petitioner dated 21.11.2022 (Annexure-6), during the pendency of writ petition."
Learned Counsel for the petitioner has referred to a judgment rendered by this Court in Writ Petition No. 641 of 2021 (S/S). He submits that controversy involved in the present writ petition has been decided in the said writ petition. Learned State Counsel, however, disputes this submission and submits that facts of the present case are entirely different.
After arguing for a while, Mr. Jagati confines his prayer and submits that petitioner has made a representation to Senior Superintendent of Police, Nainital on 21.11.2022 and this writ petition may be disposed of by permitting the petitioner to make a fresh representation to SSP, Nainital, who be directed to take decision in the matter within some specified time limit.
Learned State Counsel has no objection if writ petition is disposed of in terms of the prayer made by learned Counsel for the petitioner.
Accordingly, this writ petition is disposed of with liberty to petitioner to make a fresh representation to SSP, Nainital within ten days from today. If petitioner makes such a representation within stipulated time, decision thereupon shall be taken, in accordance with law, within six weeks from the date of receipt of representation along with a certified copy of this order.
(Manoj Kumar Tiwari, J.) 29.11.2022 Pr
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