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2025 DAILYLAW 5958 (UTT)

ANU PANT v. STATE OF UTTARAKHAND

WPPIL/68/2025 · 2025-05-02

Ashish Naithani, Manoj Kumar Tiwari

Public Interest Litigationbody2025

Judgment text

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2025:UHC:3375-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPPIL/68/2025 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. (Per: Hon’ble Manoj Kumar Tiwari, J.) 1. Mr. Abhijay Negi, learned counsel for the petitioner. 2. Mr. C.S. Rawat, learned Chief Standing Counsel with Mr. B.S. Parihar, learned Standing Counsel for the State of Uttarakhand. 3. This writ petition, allegedly filed in public interest, has raised the issue of understaffing in the Urban Local Bodies, within the State of Uttarakhand. 4. It is contended that in most of the Municipalities, persons serving in Ministerial Cadre have been given officiating charge of Executive Officer, Tax Collector, Sanitary Inspector, Assistant Accountant etc. This, according to the petitioner, has seriously affected the functioning of Urban Local Bodies which are already poorly managed and because of this reason, the quality of services provided by Urban Local Bodies to the resident of the concerned city/town has gone considerably down. 5. Learned State Counsel, however, submits that as per law declared by this Court, PIL cannot be entertained in service matters. He submits that basically, petitioner has raised a service dispute and non-supply of available vacancies through regular appointment also falls within the domain of service 2025:UHC:3375-DB matter. Learned State Counsel, on instructions, makes a statement that the State Government has recently sent a requisition for supplying seven vacancies on the post of Executive Officer in Nagar Palika Parishad. He assures that the selection process for the remaining vacancies on the post of Executive Officer shall also be initiated very soon. 6. Mr. C.S. Rawat, learned Chief Standing Counsel for the State assures the Court that necessary steps shall be taken for supplying the available vacancies, which are to be filled by promotion, even by relaxing the requirement regarding qualifying service. 7. Learned counsel for the petitioner submits that petitioner has made a representation on 19.04.2025 and the Secretary, Urban Development be directed to take decision thereupon within some stipulated time. 8. Learned Chief Standing Counsel submits that he has no objection if the Competent Authority be asked to take decision on petitioner’s representation. 9. Accordingly, the writ petition is disposed of by directing Secretary, Urban Development to take decision on petitioner’s representation dated 19.04.2025, one way or the other, within four months from the date of production of certified copy of this order. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 02.05.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB 0, cn=NITI RAJ SINGH ASWAL Date: 2025.05.03 13:48:01 -07'00' 2025:UHC:3375-DB