High CourtsDivision Bench(2022) 11 UK CK 0036

Lalit Kumar Singh vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 15 November 2022

HON’BLE JUDGES
Vipin Sanghi, CJ · Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S/B) No. 409 Of 2021

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Judgment

9 paragraphs · 238 words

Vipin Sanghi, CJ

1.

Miscellaneous applications (IA Nos.01 of 2021 and 02 of 2021) are allowed, and the counter-affidavit filed by respondent no.1 and the rejoinder-affidavit to the counter-affidavit of respondent no.1 are taken on record.

2.

Petitioner, admittedly, is a public servant. The reliefs sought in the writ petition are as follows:-

“I. Issue a writ order or direction in the nature of mandamus directing the respondent to extend the benefit of the Special Dynamic Assured Career Progression Scheme (SDACP) as introduced vide Government Order dated 14.07.2016 in PMHS Cadre of Medical Health & Family Welfare Department to the petitioner and grant him all consequential benefits.

II. Issue a writ order or direction in the nature of mandamus directing the respondent to waive of the condition of mandatory hard area service while granting the Special Dynamic Career Progression Scheme as no ESIS dispensary is situated in the hard and hilly area of the State as on date.

III. Issue any order or further writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.”

3.

The said reliefs squarely fall for consideration within the jurisdiction of the Uttarakhand Public Services Tribunal.

4.

Since the pleadings are complete, we direct the Registry to transmit the record of the present writ petition to the Tribunal forthwith to be registered as a claim petition.

5.

The writ petition is disposed of accordingly.