KRISHNA KAVI Vs. UTTARAKHAND STATE PUBLIC SERVICE TRIBUNAL

JUDGEMENT

(1.) Heard Mr. M.C. Pant, learned Counsel for the petitioner and Ms. Pooja Banga, learned Brief Holder for the State of Uttarakhand, and, with their consent, the writ petition is disposed of at the stage of admission.

(2.) The petitioner is the applicant before the Uttarakhand Public Service Tribunal, Dehradun. She is aggrieved by the order passed by the Uttarakhand Public Services Tribunal dtd. 2/7/2019, disposing of her claim petition at the stage of admission. Before the Public Service Tribunal, the petitioner had challenged the order passed by the Chief Engineer, Level-I dtd. 17/5/2019 whereby her seniority was altered reverting her to the post of Head Assistant from the post of Senior Administrative Officer.

(3.) The learned Tribunal, after taking note of the submission of the Assistant Presenting Officer, that the petitioner had not exhausted the remedy of a departmental appeal, she had directly approached the Tribunal which was not as per the provisions of the Public Services Tribunal Act and the Rules, and she was required to first avail the remedy of a departmental appeal, directed the petitioner to move an appeal/representation before the concerned authority within 15 days and observed that, in case any such representation/appeal is filed, the same shall be decided with a reasoned and speaking order, in accordance with law, within two months. Aggrieved thereby, the present writ petition.