WPSB/525/2021
2022 Latest Caselaw 3118 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                             AND
                HON'BLE SRI JUSTICE R.C. KHULBE

                       23rd SEPTEMBER, 2022
          WRIT PETITON (S/B) No. 525 OF 2021

Between:

Diksha Nautiyal                                        ...........Petitioner

and

State of Uttarakhand and others.
                                                          ...Respondents

Counsel for the petitioner.         :   None.

Counsel for the respondents.        :   Mr. Vikas Pande, learned Standing
                                        Counsel for the State of Uttarakhand.
                                        Mr. Himanshu Yadav, learned proxy
                                        counsel for Mr. Bhupendra Bisht,
                                        learned counsel for respondent Nos. 2,
                                        3 and 4.


JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              The petitioner is a public servant.

2.            The reliefs sought in the writ petition are the

following:-

              "i).    Issue a writ of mandamus commanding and
                      directing the respondents declaring the inaction
                      on the part of the respondents in not publishing
                      the final seniority list to be null and void and
                      further be pleased to restrain the respondents
                      from proceeding further in the scheduled review
                      selection committee pursuant to the office
                      memorandum dated 27.2.2021 till the final
                      seniority list is published and further be pleased
                      to quash the impugned office memorandum
                      dated 27.10.2021 issued by the Executive
                      Engineer     (Karmik),    Uttarakhand    Pey    Jal
                      Sansadhan        Vikas   Evam     Nirman    Nigam
                      (contained as Annexure No. 1 to this writ
                      petition).
            ii)   Issue a writ, order or direction in the nature of
                 mandamus commanding the respondents to
                 issue final seniority list after taking into
                 consideration the objection filed by the
                 petitioner  prior   to   holding    any   further
                 departmental promotion committee pursuant to
                 the impugned order."


3.         These    reliefs   can     be    considered   by   the

Uttarakhand Public Services Tribunal.


4.         Considering the fact that the Writ Petition has

been pending since November, 2021, we direct the

Registry to transfer the complete record of this Writ

Petition to the Uttarakhand Public Services Tribunal.

The Tribunal shall register the same as a Claim Petition,

and deal with the same accordingly.


5.         The     Writ    Petition    stands     disposed     of

accordingly.


                                           ________________
                                            VIPIN SANGHI, C.J.


                                              _____________
                                               R.C. KHULBE, J.

Dt: 23rd September, 2022 Rathour