Bhagwati Adhikari Alias Bhagwati Mehta vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Writ Petition has been filed with the following reliefs:-

(i) Issue a writ, order or direction in the nature of certiorarified mandamus quashing the effect and operation of impugned order dated 29.08.2016 (contained as Annexure No.6 to this Writ Petition) along with order dated 12.04.2018, passed by commandant 31 Bn. PAC (contained as Annexure No.11 to this Writ Petition) and other consequential orders by which without any sanction of law, dates of appointment of juniors of petitioner were altered and seniority of petitioner was disturbed.

(ii) Issue a writ, order or direction in the nature of mandamus directing respondent nos.1 & 2 to include the name of petitioner in seniority list of female constables in 31 Bn. PAC as per the date of their initial appointment i.e. 22.10.2015 and grant petitioner all consequential benefits of such inclusion.

(iii) Issue a writ, order or direction in the nature of mandamus directing respondent nos.1 & 2 to promote petitioner to the post of Head Constable with effect from 20.10.2016 with all consequential benefits.

Heard Mr. K.K. Tiwari, learned counsel for the petitioner, Mr. N.S. Pundir, learned Deputy Advocate General with Mrs. Anjali Bhargava, learned Addl. C.S.C. assisted by Mr. Sushil Vashistha, learned Standing Counsel for the State and Ms. Shakshi Singh, learned counsel holding brief of Mr. Shobhit Saharia, learned counsel for the private respondent nos. 6 to 22.

During the arguments, Mr. N.S. Pundir, learned Deputy Advocate General for the State, submitted that the present matter relates to the conditions of service of a public  servant,  therefore,  the petitioner  has alternate efficacious remedy to raise her grievances before the Uttarakhand Public Services Tribunal.

Mr. K.K. Tiwari, learned counsel for the petitioner agrees to transfer the present matter to the Uttarakhand Public Services Tribunal.

As the disputes raised in the present writ petition can be effectively adjudicated by the Uttarakhand Public Services Tribunal, with the consent of both the parties, the complete record along with the writ petition, after retaining the copies thereof, is being transmitted to the Uttarakhand Public Services Tribunal for hearing the writ petition as a claim petition in accordance with law.

The Uttarakhand Public Services Tribunal is also requested to consider entertaining the present matter as a claim petition taking into consideration this fact that the present matter has been pending for past four years.

The present Writ Petition (S/S No. 1562 of 2018) stands disposed of accordingly.