3 September vs State Of Uttarakhand & Others
2024 Latest Caselaw 1981 UK

Uttarakhand High Court

3 September vs State Of Uttarakhand & Others on 3 September, 2024

Bench: Manoj Kumar Tiwari, Pankaj Purohit

                                                    2024:UHC:6338-DB



HIGH COURT OF UTTARAKHAND AT NAINITAL
             Writ Petition (S/B) No. 560 of 2024
                       03 September, 2024


Devendra Singh and others                           .......Petitioners

                               Versus

State Of Uttarakhand & others                     .......Respondent
----------------------------------------------------------------------
Presence:
Mr. Pooran Singh Rawat and M C Upadhyaya, Advocate for the
petitioners.
Mr. Sushil Vashisth, learned Standing Counsel for the State.
Mr. Ashish Joshi, learned counsel for the respondent no.3.
----------------------------------------------------------------------

Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

1. Petitioners are serving as Assistant Engineer in Irrigation Department except petitioner no. 6, who is Executive Engineer in Research and Infrastructure Division, Dehradun. By means of this Writ Petition, the petitioners have sought the following reliefs:

(1) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to stay the proceedings of DPC through Public Service Commission for notional promotion of private respondent no. 4 to 9 which is scheduled to be held sooner.

(2) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to reject the proceeding which was initiated by the department for notional promotion of the private respondents in the light of judgment passed by the Hon'ble Apex Court as well as judgment passed by this Hon'ble Court. (Annexure no. 3 & 4 to this writ petition) (3) Issue a writ, order or direction in the nature of mandamus commanding /directing the respondent no. 1 & 3 to decide the representation dated 15.08.2024 made by petitioners in the light of supported annexures;

annexed with this representation and till then proceeding of DPC may kindly be kept in abeyance."

2024:UHC:6338-DB

2. Learned counsel for the petitioners submits that the Public Service Commission is going to hold DPC for giving the notional promotion to respondent nos. 4 to 9 in violation of the applicable Rules. Learned State counsel, however, opposed the said submission and submits that DPC is being held strictly as per rules.

3. Be that as it may, since the petitioners have made a representation and learned counsel for the petitioners confines his prayer that the said representation dated 15.08.2024 be directed to be decided, therefore, we dispose of the Writ Petition with a direction to the respondent no.3 to take decision on the representation submitted by the petitioners within 8 weeks from the date of presentation of the certified copy of this Order.

(Hon'ble Pankaj Purohit, J,) (Hon'ble Manoj Kumar Tiwari, J.)

Kaushal