Vinay Kumar Jain & Another vs State Of Uttarakhand & Others

Vipin Sanghi, CJ

1) The petitioners have preferred the present writ petition to seek the following substantial reliefs:

“i) Issue a writ, order or direction in the nature of certiorari calling for the original record and pleased to quash the promotion decision dated 24.06.2015 (Annexure-7) took by the DPC alongwith consequential promotion orders dated 27.06.2015 (Annexure-8) issued in favour of the private respondents by the respondent department.

ii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to conduct a fresh DPC for the purpose of making promotion on the post of Executive Engineer (Civil) from the eligible Assistant Engineers (Civil) including the name of the petitioners for the selection year 2013-14 as well as selection year 2014-15 respectively strictly as per the provisions contained in the promotion rules 2013.

iii) Or alternatively, issue a writ, order or direction in the nature of mandamus, directing and commanding the respondents to the effect that they shall promote to the petitioners on the post of Executive Engineers (Civil) by reviewing its decision in pursuance to the DPC Decision dated 24.06.2015 and grant all the consequential benefits of the promoted post from the date from which juniors have been promoted.”

2) The petitioners are public servants. The substantial reliefs sought by the petitioners squarely fall for consideration within the jurisdiction of the Uttarakhand Public Services Tribunal.

3) Considering the fact that the petition is pending since the year 2015, we direct the Registry to transmit the complete record of the case to the Tribunal, which shall be registered as a claim petition by the Tribunal, and be dealt with accordingly. Considering the age of the case, the Tribunal is requested to expedite its hearing.

4) Writ petition stands disposed of accordingly.

All pending applications also stands disposed of.