SPA/130/2023
2023 Latest Caselaw 1427 UK

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

                      SPECIAL APPEAL NO. 130 OF 2023
                                22ND MAY, 2023
BETWEEN:
Bachan Singh & others                                            .....Appellants.
And

State of Uttarakhand & others                                    ....Respondents.

Counsel for the Appellants : Mr. Tapan Singh, learned counsel.

Counsel for the Respondents : Mr. Amarendra Pratap Singh, learned Additional Advocate General assisted by Ms. Puja Banga, learned Brief Holder for the State.

The Court made the following:

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

The present special appeal is directed against the

order dated 02.05.2023, passed by the learned Single Judge,

in Writ Petition (S/S) No.681 of 2023.

2. Learned Single Judge has dismissed the said writ

petition with liberty to the petitioners-appellants to approach

the Uttarakhand State Public Services Tribunal.

3. The relief sought in the writ petition primarily was

grant of promotion to the appellants. Since the appellants are

public servants, and the reliefs sought in the writ petition

squarely fell within the domain of the Tribunal, the learned

Single Judge has dismissed the writ petition.

4. The submission of learned counsel for the

appellants is that the appellants were entitled to be

promoted, as there was no impediment of pending litigation.

5. This argument is open to the appellants- petitioners

to raise before the Tribunal. The appellants do not dispute

that they are public servants, and they could invoke the

jurisdiction of the Tribunal. It is equally competent to deal

with the reliefs sought in the writ petition, and grant the

same, if it is found justified.

6. We, therefore, do not find any merit in this appeal,

and the same is accordingly dismissed.

7. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 22nd May, 2023 NISHANT