WPSB/120/2016
2025 Latest Caselaw 1047 UK

Uttarakhand High Court

WPSB/120/2016 on 4 June, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                   2025:UHC:4501-DB
             Office Notes,
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SL.
      Date   or directions                COURT'S OR JUDGE'S ORDERS
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                             WPSB 120/2016
                             Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Subhash Upadhyay, J.

Mr. S.S. Yadav, Advocate, for the petitioner.

Mr. Sushil Vashistha, Standing Counsel, for the State.

(2) This writ petition was filed in 2016 seeking the following reliefs:

"(i) Issue a writ, order or direction in the nature of Certiorari quashing the order dated 13.02.2013 passed by the respondent no.

(ii) Issue a writ, order or direction in the nature of Mandamus directing Respondent nos. 2 & 4 to promote the petitioner on the post of Executive Engineer (Electrical/mechanical) as per his seniority ignoring and reverting to Ram Ashrey etc., S.C. candidate who has been promoted earlier in 1998 as Assistant Engineer and now since Executive Engineer.

(iii) Issue a writ, order or direction in the nature of Mandamus directing the respondent Nos. 2 & 4 to take decision on the representation dated 27.08.2015 and 01.10.2015 (Annexure Nos. 5 & 6 to the writ petition) in the light of Hon'ble Apex Court's judgment dated 27.04.2012 or in the light of Government Order dated 21.08.2015 issued by parent i.e. State of Uttar Pradesh."

(3) After arguing for a while, learned Counsel for the petitioner submits that he does not want to press the relief clause no. (i) and (ii) and he requests that only relief clause no. (iii) may be considered.

2025:UHC:4501-DB

(4) Having regard to the pleadings made in the writ petition, we are of the considered opinion that ends of justice would be met if petitioner is permitted to make representation. Accordingly, writ petition is disposed of granting liberty to petitioner to make representation to Secretary, P.W.D. within two weeks from today. If petitioner makes representation for ventilation of his grievances within the stipulated time, the Secretary concerned shall examine the issue and take decision, as per law, within six months thereafter. (5) It goes without saying that all persons, who are likely to be affected by the decision to be taken, shall also be given reasonable opportunity of hearing.

(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)

04.06.2025 Pr PRABODH Digitally signed by PRABODH KUMAR

KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.06.04 17:34:42 +05'30' 2025:UHC:4501-DB