SANTOSH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This intra-Court Appeal is preferred against the order passed by the learned Single Judge in Writ Petition (S/S) No. 530 of 2020 dtd. 9/6/2020.

(2.) The respondents-writ petitioners had invoked the jurisdiction of this Court seeking maintenance of status quo regarding the promotional exercise being undertaken by the official respondents, since Claim Petition No. 23/NB/DB/2018 filed by them, challenging the validity of the seniority-list dtd. 4/9/2018, was still pending before the Tribunal.

(3.) The respondent-writ petitioners' complaint before the learned Single Judge was that the Tribunal was not in a position to decide their interlocutory application necessitating their having to invoke the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India. It was contended on behalf of the State that, since the respondents-writ petitioners had already approached the Public Services Tribunal for interim relief, the writ petition was not maintainable. This contention is based on the doctrine of election which prohibits a person from availing two remedies simultaneously for the same relief.