WPSB/144/2014
2022 Latest Caselaw 3015 UK

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      19.09.2022                     WPSB No. 144 of 2014
                                     Hon'ble Vipin Sanghi, C.J.
                                     Hon'ble R.C. Khulbe, J.

Mr. C.K. Sharma, learned counsel for the petitioner-review applicant.

Mr. B.P.S. Mer, learned Brief Holder for the State.

Review Application No.19016 of 2021

The present review petition has been preferred to seek the review of the judgment dated 14.12.2019, whereby the writ petition preferred by the petitioner was dismissed with liberty to approach the Uttarakhand Public Services Tribunal.

The case of the petitioner is that, subsequently, this Court has taken a view on 23.06.2020, in Writ Petition (S/B) No.39 of 2020, that validity of the statutory provisions could not be assailed before the Tribunal, and that writ petition would be maintainable.

On that premise, the Tribunal, while dealing with the petitioner's claim petition, held that the same was not maintainable in so far as the challenge to the statutory rules is concerned. Yet the Tribunal proceeded to consider some aspects of the matter, and dismissed the claim petition.

Learned counsel for the petitioner-review applicant submits that the petitioner has also preferred Writ Petition (S/B) No.434 of 2021, which is pending consideration before this Court.

In the aforesaid circumstances, the present review petition has been preferred with delay of two years, six months and fifteen days.

We have heard learned counsel for the petitioner.

In our view, the impugned judgment, in any event, does not call for review.

The petitioner has already assailed the judgment passed by the Tribunal, as aforesaid, in Writ Petition (S/B) No.434 of 2021. It shall be open to the petitioner to raise all his pleas while arguing the said writ petition.

We, therefore, dismiss the present review petition without going into the issue of delay.

   (R.C. Khulbe, J.)            (Vipin Sanghi, C.J.)
      19.09.2022                       19.09.2022

NISHANT