High CourtsDivision Bench

Bachan Singh & Others vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 22 May 2023 · Citation: (2023) 05 UK CK 0065

HON’BLE JUDGES
Vipin Sanghi, CJ · Rakesh Thapliyal, J
RESULT
Dismissed
CASE NUMBER
Special Appeal No. 130 Of 2023
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Judgment

8 paragraphs · 206 words

Vipin Sanghi, CJ

1.

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.