SANTOSH KUMAR DABRAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court seeking a writ of mandamus commanding the first-respondent to implement the recommendations of the Screening cum Evaluation Committee dated 12.05.2018, as forwarded by the Director, Higher Education on the last date 01.06.2018; and to grant promotion to the petitioner in the post of Professor as recommended by the Screening and Evaluation Committee under the Career Advancement Scheme.

(2.) The petitioner is a retired Assistant Professor from the Government Post-Graduate College, Rishiskesh, District Dehradun, and is a public servant within the meaning of Section 2(b)(1) of the Uttar Pradesh Public Services (Tribunal) Act, 1976. Under Section 4(1) of the 1976 Act, a person who is, or has been, a public servant, and is aggrieved by an order pertaining to a service matter within the jurisdiction of the Tribunal, may make a reference of a claim to the Tribunal for the redressal of his grievance.

(3.) Since the petitioner has an effective and efficacious alternative remedy of approaching the Public Services Tribunal, and to file a claim petition before it for redressal of his grievance, we see no reason to exercise discretion to entertain this Writ Petition. Leaving it open to the petitioner to avail the remedy of approaching the Public Services Tribunal, the writ petition fail sand is, accordingly, dismissed. No costs.