2026:UHC:777-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Special Appeal No.457 of 2025 February 11, 2026 Jitendra Pathak & Others ---Appellants Versus State of Uttarakhand & Others ---Respondents ---------------------------------------------------------------- Presence:- Mr. Sandeep Kothari, learned counsel for the appellants Mr. Puran Singh Bisht, learned Additional C.S.C. for the State Ms. Manju Chauhan, learned counsel holding brief of Ms. Prabha Naithani, learned counsel for respondent nos.8 to 11 ---------------------------------------------------------------- JUDGMENT: (per Sri Manoj Kumar Gupta, C.J.) 1. Present intra-court appeal is directed against the order dated 15.12.2025 passed in WPSS No.2395/2024 connected with WPSS No.72/2025. 2. The appellants herein were petitioners in WPSS No.2395/2024. They had challenged the seniority list issued by respondent no.3 dated 21.10.2024. The learned Single Judge, observing that the issue raised involves questions of fact as well as law, has declined to examine the same in writ jurisdiction and has relegated the appellants to the alternative remedy available under the U.P. Public Service (Tribunals) Act, 1976. 1 2026:UHC:777-DB 3. We find no illegality in the order of learned Single Judge warranting interference in the present appeal. Indisputably, the remedy aforesaid is available to the petitioners/appellants. Consequently, the appeal is dismissed. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 11.02.2026 Rajni 2 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db4844 8ac3701a9ae475a2547e4b7f1d9b1f17d 01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4 DF4FC80D4557562F95BEBA013F530616 A158A0A878BD8, cn=RAJINI GUSAIN Date: 2026.02.12 10:12:36 +05'30'