Citation : 2025 Latest Caselaw 3645 UK
Judgement Date : 25 August, 2025
2025:UHC:7506-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE CHIEF JUSTICE MR. G. NARENDAR
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
25TH AUGUST, 2025
WRIT PETITION (S/B) NO. 361 OF 2025
Narayan Singh Mehra & another ......Petitioners.
Versus
State of Uttarakhand & others .......Respondents.
Counsel for the Petitioners : Mr. Rajendra Dobhal, learned
Senior Counsel assisted by Mr.
Bhupendra Singh Bohra, learned
counsel.
Counsel for the State : Mr. S.S. Chaudhary, learned
Standing Counsel with Mr. S.M.S.
Mehta, learned Brief Holder.
JUDGMENT :
(per Mr. G. Narendar, C.J.)
The petitioners are calling in question
communication dated 11.08.2025, passed by
respondent no.1, whereby the competent authority has
been directed to abide by the directions of the Hon'ble
Public Services Tribunal, rendered in the case of
Nandan Singh vs. State of Uttarakhand & others,
in the matter of finalizing the seniority and granting
promotions.
2. Learned Senior Counsel would submit that
earlier a writ petition has been filed and the same is
pending before this Court, wherein the correctness and
2025:UHC:7506-DB
the legality of the judgment of the Public Services
Tribunal, has been questioned.
3. If that be an admitted position, the instant
writ petition, in our considered opinion, is not
maintainable. Merely because the Authority has sought
to implement the directions of the Tribunal, cannot
become a ground for a writ petition. It is but natural
and imperative that orders and directions of the
Tribunals and Courts be obeyed in letter and spirit.
4. It is fairly submitted that there is no interim
relief granted in the pending writ petition. If that be so,
the appropriate approach would have been to seek an
interim order in the pending writ petition and the
second writ petition, which is virtually on the same
cause of action, is impermissible.
5. In that view, the writ petition is disposed of
with liberty to the petitioners to seek appropriate
remedy.
6. The writ petition stands ordered accordingly.
7. There shall be no order as to costs.
2025:UHC:7506-DB
8. As a sequel thereto, pending application, if
any, shall stand closed.
________________
G. NARENDAR, C.J.
___________________ SUBHASH UPADHYAY, J.
Dated: 25th August, 2025 NISHANT NISHANT
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00e
KUMAR c2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A0 55CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2025.08.28 11:23:16 +05'30'
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