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2025 DAILYLAW 10394 (UTT)

NARAYAN SINGH MEHRA v. STATE OF UTTARAKHAND

WPSB/361/2025 · 2025-08-25

G Narendar, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:7506-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 25TH AUGUST, 2025 WRIT PETITION (S/B) NO. 361 OF 2025 Narayan Singh Mehra & another …...Petitioners. Versus State of Uttarakhand & others …….Respondents. Counsel for the Petitioners : Mr. Rajendra Dobhal, learned Senior Counsel assisted by Mr. Bhupendra Singh Bohra, learned counsel. Counsel for the State : Mr. S.S. Chaudhary, learned Standing Counsel with Mr. S.M.S. Mehta, learned Brief Holder. JUDGMENT :(per Mr. G. Narendar, C.J.) The petitioners are calling in question communication dated 11.08.2025, passed by respondent no.1, whereby the competent authority has been directed to abide by the directions of the Hon’ble Public Services Tribunal, rendered in the case of Nandan Singh vs. State of Uttarakhand & others, in the matter of finalizing the seniority and granting promotions. 2. Learned Senior Counsel would submit that earlier a writ petition has been filed and the same is pending before this Court, wherein the correctness and 1 2025:UHC:7506-DB the legality of the judgment of the Public Services Tribunal, has been questioned. 3. If that be an admitted position, the instant writ petition, in our considered opinion, is not maintainable. Merely because the Authority has sought to implement the directions of the Tribunal, cannot become a ground for a writ petition. It is but natural and imperative that orders and directions of the Tribunals and Courts be obeyed in letter and spirit. 4. It is fairly submitted that there is no interim relief granted in the pending writ petition. If that be so, the appropriate approach would have been to seek an interim order in the pending writ petition and the second writ petition, which is virtually on the same cause of action, is impermissible. 5. In that view, the writ petition is disposed of with liberty to the petitioners to seek appropriate remedy. 6. The writ petition stands ordered accordingly. 7. There shall be no order as to costs. 2 2025:UHC:7506-DB 8. As a sequel thereto, pending application, if any, shall stand closed. ________________ G. NARENDAR, C.J. ___________________ SUBHASH UPADHYAY, J. Dated: 25th August, 2025 NISHANT 3 NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00e c2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A0 55CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2025.08.28 11:23:16 +05'30'