Deepak Purohit vs State Of Uttarakhand And Others

Vipin Sanghi, CJ

The petitioner has preferred the present writ petition to seek the following reliefs:-

“a) issue a writ, order or direction in the nature of mandamus directing and holding that suspending the promotional exercise for the post of Deputy Director / Chief Agriculture Officer, after initiation thereof in the name of amending the service rules in vogue so as to benefit the selected few is bad in law.

b) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to revive the suspended promotional exercise for the post of Deputy Director / Chief Agriculture Officer and forthwith convene the DPC meeting to consider the petitioner for promotion in accordance with the service rules presently in force.”

The pleadings in the matter are complete.

As we hear the matter, we realize that the Uttarakhand Public Services Tribunal has the jurisdiction to deal with the issues raised by the petitioner in the present writ petition.

We are, therefore, not inclined to entertain the present writ petition at this stage. We direct that the complete record of the writ petition, along with all the pending application(s), after retaining a copy thereof in this Court, be transmitted to the Uttarakhand Public Services Tribunal, which shall hear the matter as a claim petition.

Since the matter relates to promotion, we request the Tribunal to take-up the matter for hearing on an early date.

The interim order dated 10.01.2022 operating in the matter shall continue to operate till the matter is taken-up by the Tribunal.

The present writ petition stands disposed of accordingly.