INDRAJEET LAL TAMTA v. PUBLIC SERVICE TRIBUNAL UTTARAKHAND
WPSB/147/2020 · 2025-06-17
Manoj Kumar Tiwari, Subhash Upadhyay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5804 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5804 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5050-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSB No.147 of 2020 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J.
Ms. Jasmeet Kaur, Advocate holding brief of Mr. S.S. Yadav, learned counsel for the petitioners.
2. Mr. Sudhir Kumar Nainwal and Mr. Sushil Vashistha, learned Standing Counsel for the State.
3. Petitioners raised seniority dispute before the Uttarakhand Public Service Tribunal by filing a claim petition. In the claim petition, they also moved an interim relief application, which was dismissed by learned Tribunal, vide order dated
24.06.2020. Hence, this writ petition has been filed by the petitioners, challenging the order dated 24.06.2020. Operative portion of the impugned order dated 24.06.2020 is reproduced below:-
“The interim relief applications of the petitioners are dismissed and decided accordingly. However, it is made clear that effect of any such promotional exercise, if any, done by the State respondents, will be subject to the final decision of this Court to be passed in this claim petition.
Both the matters be listed on 27.07.2020 for final hearing on the merit of the petition. All the parties are directed to complete their pleadings and reply on record and be prepared for final hearing on that date, without any delay.
The urgency applications of the petitioners as well as respondents in both the petitions are also disposed of accordingly.
Let copy of this order be kept on the file of
2025:UHC:5050-DB Claim Petition No.10/NB/DB/2019.”
4. Learned State Counsel submits that interest of the petitioners was protected by learned Tribunal as it was provided that promotional exercise, if any, undertaken by the State authorities will be subject to final decision to be taken in the claim petition. Thus, he submits that the writ petition is misconceived and the writ petitioners should have waited for the decision of the claim petition.
5. We find substance in the above submission. Since this writ petition is directed against the
order dated 24.06.2020, whereby the interim relief application filed by the petitioners before the Tribunal has been dismissed, therefore, we do not find any reason to interfere in the matter.
6. Writ petition fails and is dismissed accordingly. We, however, request the learned Tribunal to make endeavour to decide the claim petition filed by the petitioners, if not already decided, at an early date.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 17.06.2025 17.06.2025
Rajni
RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48448ac3701 a9ae475a2547e4b7f1d9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4DF4FC80 D4557562F95BEBA013F530616A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.06.18 21:17:35 -07'00'