Court No. - 37
Case :- WRIT - A No. - 6378 of 2018 Petitioner :- Vinod Babu Saxena Respondent :- State Of Up Through Secretary Home Department U P Govt Lucknow And 4 Others Counsel for Petitioner :- Dhiraj Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner is working as a constable with the police department of the State. He had approached the State Public Services Tribunal, Lucknow, for redressal of his grievance which was allowed and disposed of directing the respondents to consider the case of the petitioner for promotion on the post of head constable.
It appears that the order was not complied, aggrieved, petitioner instituted a contempt petition, wherein, learned Tribunal noted that substantive compliance has been done and in case petitioner is aggrieved by any action of the respondents he will have liberty to approach the appropriate forum in accordance with law.
Learned counsel for the petitioner by the instant writ petition seeks a direction to the respondents to grant promotion on the post of head constable contending that the order of the learned Tribunal has not been complied till date.
In the circumstances, the remedy available to the petitioner is to approach the Tribunal and seek appropriate directions, if he so desires and is advised.
The writ petition for execution of the order of the Tribunal, in my opinion, would not be maintainable as no fresh cause of action has arisen.
The writ petition is, accordingly, dismissed with liberty to the petitioner to take appropriate remedy in accordance with law.
Order Date :- 22.2.2018 K.K. Maurya