WPSB/588/2022
2022 Latest Caselaw 3299 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. 588 OF 2022

                         12th OCTOBER, 2022

Between:

Ramesh Chand                              ......         Petitioner


and


State of Uttarakhand
Through Secretary,
Public Works Department                   ......         Respondent


Counsel for the petitioner     :   Mr. T.A. Khan, learned Senior
                                   Counsel assisted by Mr. Vinay
                                   Bhatt, learned counsel

Counsel for the respondent     :   Mr. K.N. Joshi, learned Deputy
                                   Advocate General for the State /
                                   respondent




The Court made the following:

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



             The petitioner has preferred the present writ

petition to seek the following reliefs :


      "i)    Issue a writ, order or direction in the nature of
             mandamus commanding the respondent to
             consider and promote the petitioner from the
             post of Assistant Engineer to the post of
                            2




       Executive Engineer with effect from 2013 with
       all consequential benefits.

ii)    Issue a writ, order or direction in the nature of
       certiorari     quashing        the     order   dated
       15.04.2021         issued     by     the   respondent
       (Contained as Annexure 1 to this writ petition)
       and the respondent may also be directed to
       reconsider the matter of the petitioner for
       promotion to the post of Executive Engineer
       from the post of Assistant Engineer.

iii)   Issue a writ, order or direction in the nature of
       certiorari     quashing        the     order   dated
       07.01.2020         issued     by     the   respondent
       (Contained as Annexure No. 2 to this petition)
       by which the petitioner has been reverted
       back to the post of Assistant Engineer.

iv)    Issue a writ, order or direction in the nature of
       mandamus declaring the government order
       dated         11.05.2005,            bearing      no.
       1160(XXX)(2)/2005, (Contained as Annexure
       no. 3 to this petition) as ultra vires to the
       Constitution and the same may kindly be
       quashed by a writ of certiorari.

v)     Issue a writ, order or direction in the nature of
       mandamus, commanding the respondent to
       provide      the    benefit    of    Assured   Career
       Progression (ACP) as per Scheme of ACP.
                             3




2)         The petitioner is a public servant. The reliefs

sought by the petitioner can be considered and granted

by the Uttarakhand Public Services Tribunal. Since the

petitioner has an alternative efficacious remedy, we are

not inclined to entertain this writ petition.


3)         The writ petition is, accordingly, dismissed

with   liberty   to   the   petitioner   to     approach   the

Uttarakhand Public Services Tribunal.


           Stay Application (IA No. 01 of 2022) also

stands disposed of.



                                         ________________
                                         VIPIN SANGHI, C.J.



                                 __________________
                                MANOJ KUMAR TIWARI, J.

Dt: 12th OCTOBER, 2022 Negi