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Judgment
MANOJ K. TIWARI, J. (ORAL)
Petitioners are employees of Uttarakhand Forest Development Corporation. By means of present writ petition they have sought the following
reliefs:
A. To issue a writ order or direction in the nature of mandamus declaring the action of the Respondents, particularly Respondent No.1 in passing the
impugned office order dated 28.06.2018 (Annexure No. 10 to the writ petition), as arbitrary, illegal and without competence/ultra-virus.
B. To issue a writ order or direction in the nature of certiorari for quashing the impugned order dated 28.06.2018 passed by the Respondent No.1
(Annexure no. 10 to the writ petition).
According to the petitioners they were initially appointed as Assistant Accountant in U.P. Forest Development Corporation w.e.f. 20.03.1985. Upon
reorganization of the State, their services were transferred to Uttarakhand Forest Development Corporation, thus, they became employees of the new
corporation. On 06.12.2017, Managing Director, Forest Development Corporation of Uttarakhand passed an order promoting them to the post of
Accountant. The next day, petitioners were promoted to the post of Assistant Accounts Manager by the competent authority vide order dated
07.12.2017.
Petitioners are aggrieved by the office order dated 28.06.2018 issued by the Principal Secretary, Forest. In the said order, the Principal Secretary
Forest highlighted certain illegalities which were allegedly committed while promoting 35 Accountants to the post of Assistant Accounts Manager on
7.12.2017 and he directed the Managing Director of Uttarakhand Forest Development Corporation to immediately cancel the promotion given to
members of Accounts Branch on 06.12.2017 and 07.12.2017. Feeling aggrieved by the order issued by the Principal Secretary, Forest on 28.06.2018,
petitioners have approached this Court under Article 226 of the Constitution of India.
The order impugned in the writ petition is in the nature of recommendation by the Principal Secretary, Forest to the Managing Director of
Uttarakhand Forest Development Corporation which has not been acted upon by the Managing Director. Even if it is treated as direction to the
Managing Director, then also it does not give any cause of action to the petitioner as no legal injury has been caused to the petitioners as yet.
Therefore, no cause of action has arisen to the petitioners for maintaining this writ petition. Accordingly, the writ petition is dismissed.
However, it is made clear that Managing Director of the Corporation while passing any order in terms of impugned order dated 28.06.2018 shall
provide reasonable opportunity of hearing to the affected persons including the petitioners.