Dr. Prem Sagar Bhandari vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Petition has been filed under Article 226 of the Constitution of India with the following prayers:-

“(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 28.11.2023 (Annexure-9) issued by respondent no.1.

(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to allot Grade-7 (very good) in ACR of 2022-23 of the petitioner as has been given by reporting authority and reviewing authority and was wrongly and illegally reverted by Accepting authority.

(iii) Issue any other order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

(iv) Award cost of the petition.”

Heard Mrs. Prabha Naithani, learned counsel for petitioner and Mr. G.S. Negi, learned Additional Chief Standing Counsel for State.

Earlier to the present writ petition, a Writ Petition (WPSB No.549 of 2023) with the same prayers was filed by the petitioner, which was dismissed on 20.12.2023 with liberty to the petitioner to approach before the Public Service Tribunal for redressal of his grievance.

The present writ petition has been filed on the ground that the Uttarakhand Public Services Tribunal is not functional.

Admittedly, the subject matter of the present petition does not fall under the Schedule of the Uttar Pradesh Public Services (Tribunal), 1976 (as applicable in the State of Uttarakhand). Hence, the subject matter of the present writ petition is cognizable by a single member of the Tribunal.

The Single Bench of the Tribunal is sitting.

It has been submitted by Mrs. Prabha Naithani, learned counsel for the petitioner, that the present petition has been filed by mistake.

In view of the above, the present Writ Petition is dismissed with liberty to the petitioner to file a Claim Petition before the Tribunal, in accordance with law.