Dismissed

Kishan Chand v. Secretary Ministry of Environment Forest and Climate Change

Uttarakhand HC10 May 2019WPSB/183/2019

Case brief

AI extract

What is this about?

The petitioner, an officer in the Indian Forest Service, filed a writ petition seeking promotion. The High Court dismissed the petition because the petitioner approached it directly without first invoking the jurisdiction of the Central Administrative Tribunal as mandated by law.

What did the court decide?

The writ petition is dismissed with liberty to approach the Central Administrative Tribunal.

Kishan Chand Vs Secretary Ministry of Environment… — Service and Employment | Uttarakhand HC (2019)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 183 of 2019

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Kishan Chand ...Petitioner

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Vs.

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Secretary, Ministry of Environment and others ...Respondents

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Mr. Tapan Singh, learned counsel for the petitioner.

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Mr. Manoj Kumar, learned Standing Counsel for the Union of India-respondents 1 and 2.

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Mr. B.S. Parihar, learned Standing Counsel for the State of Uttarakhandrespondent no. 3.

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Dated: 10^th May, 2019

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Coram: Hon’ble Ramesh Ranganathan, C.J. Hon’ble N.S. Dhanik, J.

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Ramesh Ranganathan, C.J. (Oral)

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The petitioner is an officer in the Indian Forest Service, and is now posted as the Deputy Conservator of Forests. He has invoked the jurisdiction of this Court seeking a mandamus commanding the respondents to convene a meeting of the Departmental Promotion Committee, and to promote him to the Senior Scale Selection Grade Level-13, in the pay-matrix of Rs. 123100-215900, from the date when other similarly situated candidates were given promotion i.e. from 28.02.2019.

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The dispute, now raised before us by the petitioner, can also be agitated before the Central Administrative Tribunal within whose jurisdiction the dispute raised in this writ petition falls. As held by the Supreme Court in L. Chandra Kumar Vs. Union of India (UOI) and Ors. : AIR 1997 SC 1125 , the jurisdiction of the Tribunals, constituted under the Administrative Tribunals Act, must be invoked in the first instance before the jurisdiction of this Court is invoked.

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Since the petitioner has approached this Court directly without first approaching the Central Administrative Tribunal, we see no reason to entertain the writ petition.

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Suffice it, while dismissing the writ petition, to grant liberty to the petitioner to approach the Central Administrative Tribunal.

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The writ petition is, accordingly, dismissed. No costs.

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(N.S. Dhanik, J.) (Ramesh Ranganathan, C.J.) 10.05.2019 10.05.2019

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Rahul

Kishan Chand v. Secretary Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

Kishan Chand v. Secretary Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

What the court decided

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