High CourtsSingle Bench(2021) 08 UK CK 0196

Ved Prakash Arya And Others vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 12 August 2021

HON’BLE JUDGES
Ravindra Maithani, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S/S) No. 1027 Of 2021

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Judgment

19 paragraphs · 352 words

Ravindra Maithani, J

1.

Petitioner seeks regularization of their services and other related reliefs.

2.

Heard learned counsel for the parties and perused the record.

3.

It is the case of the petitioners that they joined the respondents department on contractual basis in the year 2013-2014, since then they have been

working regularly, but their services have yet not been regularized; there is no adverse entry or remarks against them, but petitioners are now

aggrieved by a requisition dated 08.09.2020, which has been sent by the department to the Personnel Department for recruitment. With these and

other averments, petitioners seek that the post on which the petitioners have been working be kept reserved for them till their services are regularized

and other many reliefs have also been sought.

4.

At the very outset, the Court wanted to know from the learned counsel for the petitioner, as to why should this Court entertain the writ petition

under Article 226 of the Constitution of India, in view of the availability of alternate efficacious remedy from the State Public Services Tribunal, as

constituted under the Uttar Pradesh Public Services (Tribunal) Act, 1976.

5.

Learned counsel for the petitioners would submit the direction may be issued to the respondents to decide the representation dated 10.05.2021

(Annexure No.5 to the writ petition), which has been submitted by the petitioners to the competent authority.

6.

On behalf of the State, a statement is given that the representation dated 10.05.2021 (Annexure No.5 to the writ petition) will be decided by the

respondents within a period of two months from today.

7.

The Court takes on record the statement given by the learned State counsel.

8.

The writ petition is disposed of with the directions to the respondents, to decide the representation dated 10.05.2021 (Annexure No.5 to the writ

petition) within a period of two months from today. But, in case the dispute is still not resolved, even after consideration of the representation, any writ

petition, on the subject, shall not be entertained by this Court merely on the ground that it is in sequel to the instant writ petition.