WPSB/379/2023
2023 Latest Caselaw 2309 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                 AND
              THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL

              WRIT PETITION (S/B) NO. 379 OF 2023

                             17TH AUGUST, 2023

Between:

Anuj Kaushik                                 ......          Petitioner

and

State of Uttarakhand & others                ......         Respondents


Counsel for the petitioner        :   Mr. Rajendra Dobhal, learned
                                      Senior Counsel assisted by Mr.
                                      Shubhang Dobhal, learned counsel

Counsel for the respondent        :   Mr. Amarendra Pratap Singh,
                                      learned     Additional    Advocate
                                      General for the State / respondent
                                      No. 1

                                  :   Mr. S.S. Chauhan, learned counsel
                                      for respondent No. 2

                                  :   Mr. D.S. Patni, learned Senior
                                      Counsel assisted by Mr. Bhupendra
                                      Singh Bisht, learned counsel for
                                      respondent No. 3


The Court made the following:

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



             Mr. Chauhan has reported instructions in

terms of our last order.


2)           He states, on instructions, that the post of Unit

Coordinator, PMU, Swajal Project, where the petitioner

has been posted is the post to be manned by a
                                2




Superintending Engineer. So far as the pay attached to

the said post is concerned, even though the same is

lower, the petitioner's pay has been protected.


3)          Mr. Dobhal submits that the petitioner cannot

be send to deputation against his will.


4)          It remains to be seen - whether the posting of

the petitioner as Unit Coordinator, PMU, Swajal Project

tantamounts to deputation, or not. Since these aspects

would require detailed examination, we are not inclined

to entertain this petition.


5)          We dismiss the writ petition, leaving it open to

the    petitioner   to   approach   the   Uttarakhand   Public

Services Tribunal.       We make it clear that all the issues

are left open, and we have not expressed any opinion on

the merits of any of the contentions of either party.



                                          ________________
                                          VIPIN SANGHI, C.J.



                                      ________________
                                      RAKESH THAPLIYAL, J.

Dt: 17th AUGUST, 2023 Negi