WPSB/144/2023
2023 Latest Caselaw 1032 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
             THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


              WRIT PETITION (S/B) NO. 144 OF 2023


                             18TH APRIL, 2023

Between:


Ashish Kumar                                 ......          Petitioner


and


State of Uttarakhand & another               ......         Respondents


Counsel for the petitioner        :   Mr. D.N. Sharma, learned counsel

Counsel for the respondents       :   Mr. B.S. Parihar, learned Standing
                                      Counsel    for    the   State   of
                                      Uttarakhand




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 a direction to the respondents to decide

his representation dated 15.03.2023.



2)           The petitioner is a public servant, and the

primary grievance of the petitioner with regard to his

promotion to the post of Deputy Director Culture in the
                              2




Directorate of Culture Uttarakhand, squarely falls for

consideration    by    the   Uttarakhand   Public   Services

Tribunal.     Normally, we would have relegated the

petitioner to prefer his claim before the Tribunal.

However, since the limited relief sought by the petitioner

is that his representation may be directed to be decided

by the respondents, we dispose of this petition with a

direction to the respondents to dispose of the said

representation dated 15.03.2023 within the next four

weeks, under intimation to the petitioner.     We make it

clear that we have not examined the merits of the

petitioner's grievance, and the respondents shall decide

the representation by a reasoned order uninfluenced by

our order.    In case, the petitioner is still aggrieved, it

shall be open to him to approach the Public Services

Tribunal.


3)          Petition stands disposed of in the aforesaid

terms.



                                       ________________
                                       VIPIN SANGHI, C.J.



                                   _________________
                                  ALOK KUMAR VERMA, J.

Dt: 18th APRIL, 2023 Negi