INTHEHON’BLEHIGHCOURTOFUTTARAKHAND

INDEXin
Writ
PetitionNumber01of2021(UnderArticle226ofth
eConstitutionofIndia)
Mr. Jagat lal
Petitioner

Versus

State of Uttarakhand
Respondent

S.N. Particulars PageNumber

1. PresentationForm 1
2. Index 1
3. MemoofParties 2
4. SynopsisandListofEvents 3
5. CourtFees 5
6. WritPetition 6
7. Affidavit 10
8. Vakalatnama 12

Dated:0 2May,2021

Pintu Ram,
Advocate
(CounselforthePetitioner)

Page no. 1 of 12
 INTHEHON’BLEHIGHCOURTOFUTTARAKHAND

Writ
PetitionNumber01of2021(UnderArticle226ofth
eConstitutionofIndia)

Mr. Jagat lal

Petitioner

Versus

State of Uttarakhand
Respondent

MEMOOFPARTIES

PETITIONER DETAILS:
Mr. Jagat Lal
ThroughAdvocatePintuRam,
Prem Nagar, Dehradun,Uttarakhand- 248007

RESPONDENTSDETAILS:
State of Uttarakhand

Page no. 2 of 12
 INTHEHON’BLEHIGHCOURTOFUTTARAKHAND

SYNOPSISANDLISTOFEVENTS
in
Writ
PetitionNumber01of2021(UnderArticle226ofth
eConstitutionofIndia)

Mr. Jagat Lal

Petitioner

Versus

State of Uttarakhand
Respondent

SYNOPSIS

Employees of the State or rather government servants have certain indispensable

rights which can’t be dissolved. However, in the present case, one Mr. Jayesh Shah
using his political connections has failed to comply with his transfer order which is
affection the petitioner as he has handed over his official charge at Tehri and is in
pipeline to join services at Hrishikesh which is being hindered by Mr. Jayesh Shah.
Hence, the petitioner approaches respected court in the present case.

Page no. 3 of 12
 LIST OFEVENTS

DATE EVENT

25.06.2007 Mr. Jayesh Shah was appointed as the Sub-Tehsildar

at Chamba. His transfer was announced to Rishikesh
on 25/06/2007, which he joined immediately.
28.07.2010 On 28/07/2010, his transfer was renounced and was
supposed to be posted back to Chamba. Being
politically well connected, he got it postponed.
28.08.2010 Another transfer order came for him on 28/08/2010,
which he again failed to comply with managing
something vide politicians.
27.04.2016 Mr. Jagat Lal has handed over his official charge at
Tehri to another officer and is sitting unemployed.

Dated:0 2 May,2021

Pintu Ram
Advocate
(CounselforthePetitioner)

Page no. 4 of 12
IN THEHON’BLEHIGHCOURTOFDELHI
COURTFEES
IN
WritPetitionNumber01of2021(UnderArt
icle226ofTheConstitutionofIndia)
Mr. Jagat Lal
Petitioner

Versus

State of Uttarakhand
Respondent

Page no. 5 of 12
 INTHEHIGHCOURTOFDELHI

WritPetitionNumber01of2021
(UnderArticle226ofTheConstitutionofIndia)

Mr. Jagat Lal ,S/oMr.Ram Lal,R/o17,Preet Vihar, Dehradun, Uttarakhand- 248007.

Petitioner

Versus

State of Uttarakhand
Respondent

Inthematterof

Articles226oftheConstitutionofIndia.

To,

THE HON’BLE CHIEF

JUSTICEAND OTHER HON’BLE

JUDGESOFTHEUTTARAKHAND

HC

THEHUMBLEPETITIONOFTHEPETITIONER NAMEDABOVE

THEPETITIONERNAMED ABOVEMOSTHUMBLYSHOWETHASUNDER:

1. That bythe present Writ Petition,the Petitionerisconstrainedtoinvoke the

ordinaryWritJurisdictionofthisHon’bleCourtunderArticle226oftheConstitution of
India to command the Respondent toproduce its representative in the

Page no. 6 of 12
 Hon’bleCourt and furnish the reasons for the default in joining of the Petitioner.

2. The petitioner is a peaceful law-abiding citizen engaged employment as sub-

tehsildar under the State of Uttarakhand.

3. That Mr. Jayesh Shah was appointed as the Sub-Tehsildar at Chamba. His transfer
was announced to Rishikesh on 25/06/2007, which he joined immediately.

4. That on 28/07/2010, his transfer was renounced and was supposed to be posted back
to Chamba. Being politically well connected, he got it postponed.

5. That another transfer order came for him on 28/08/2010, which he again failed to
comply with managing something vide politicians.

6. That the Petitioner has handed over his official charge at Tehri to another officer and
is sitting unemployed.

7. ThatthePetitionerstatesandsubmitsthat,inviewoftheaforesaidfactsandcircumsta
nces, the omission of appropriate action taken against Mr. Jayesh Shah by the
Respondent authority is illegal andunlawful and hence, the Petitioner herein
having no other efficacious remedy
havecomeunderOrdinaryWritJurisdictionofthisHon’bleCourtunderArticle226
of the Constitution of India on the following amongst other
grounds,whichareraisedhereinbelowinthealternativeandwithoutprejudicetoone
another.

Page no. 7 of 12
 GROUNDS

A. Because the omission of action on part of the Respondent was without the
valid reason as the Respondent is require to furnish the valid reason for the
same.
B. That the petitioner being a permanent employee of the respondent his
services could not be kept on hold without because of any irregularity in the
functioning of state authorities.

C. That the principles of natural justice have been contravened by the

respondents in not giving to the petitioner any fair and reasonable
opportunity to get his problem resolved.

D. That the lack of action on the part of the Respondent flout with the Right to
Occupation of the Petitioner encompassed under Article 19 of the
Constitution .

E. That the lack of appropriate action by the Respondent is arbitrary and

contravenes Article 14 of the Constitution.

F. That the petitioner has not filed any petitioner other proceedings relating to
the matter at this petition in any other court.

PRAYER

That the Petitioner, therefore, pray before this Hon’ble Court in the light of above
circumstances, that the Hon’ble Court may be pleased to grant the following reliefs
in favor of the Petitioner and against the Respondent.

Page no. 8 of 12
 1. That a writ, direction or order in the nature of Quo Warranto be issued to

command the respondentfor furnishing reasons before this Hon’ble Court for

their lack of action in regards with the injustice caused to the Petitioner.

2. That Any other relief that this Hon’ble Court may be pleased to grant in the

interests of Justice, Equity and Good Conscience if the reason furnish by the

respondent was not valid and satisfactory.

Andforthisactofkindness,thePetitionerasindutybound,shalleverpray.

PetitionDated:02May,2021.

Presentedby:

Pooja Thakur
Advocate
(Counselfor thePetitioner)

Page no. 9 of 12
 INTHEHON’BLEHIGHCOURTOFUTTARAKHAND

AFFIDAVIT
In
Writ
PetitionNumber01of2021(UnderArticle226ofth
eConstitutionofIndia)
Mr. Jagat Lal
Petitioner

Versus

State of Uttarakhand
Respondent

AFFIDAVITOF
Mr. Jagat Lal,S/oMr.Ram Lal,R/o17,Prem
Nagar, Dehradun, Uttarakhand- 248007

Deponent

I,the deponent named above do here by solemnly affirmand state as under:

1. Thatthedeponentissolepetitionerintheabovenotedpetitionandisfullyconversantandwellac
quainted with the facts and circumstances of the case.

2. Thatthecontentsoftheaccompanyingwritpetitionaretrueandcorrectandtheymaybereadasp
artofthisaffidavitthesamearenotbeingreproducedforthesakeofbrevity.

Deponent

Verification:

I,Jagat Lal,thedeponentnamedabove,DOHEREBYverifyonthis 2ndDayofMay,2021at

Dehradun thatthecontents ofthisaffidavitfromparagraphnumbers1to2aretruetomypersonal

Page no. 10 of 12
Knowledge. The contents of the accompanying writ petition from those of paragraph
numbers 1 to7 are true to my personal knowledge. The contents of Grounds of the
accompanying writ petitionarebased on legaladvicewhich I believeto betrue.

Nothing material therein has been concealed. So, help me God!

L.T.IoftheDeponent
Place:Dehradun

Deponent

I,Pintu
Ram,Advocate,doherebydeclarethatthepersonmakingthisaffidavitandalleginghimself to be
Shivam is the same person who is known to me from the papers produced by him before
mein this case.

Nishant Thakur
Advocate

Solemnlyaffirmedbeforemeonthis 2ndDayofMay,2021atDehradunatabout 5
PMbythedeponentwhohasbeenidentifiedbytheaforesaidAdvocate.
Ihavesatisfiedmyselfbyexaminingthedeponentwhounderstoodthecontentsofthisaffidavit.Thep
ersonofthephotographhas signedthephotographinmypresenceonthephotograph.

Notary

Page no. 11 of 12
 INTHEHON’BLEHIGHCOURTOFUTTARAHAND

VAKALATNAMA
in
WritPetitionNumber1of2021
(UnderArticle226ofTheConstitutionofIndia)
Mr. Jagat Lal
Petitioner

Versus

State of Uttarakhand
Respondent

I, the undersigned, do hereby appoint Mrs. Pintu Ram, Advocate to be counsel in the above
matter and for me/us and on my/our behalf to appear, plead, act and answer in the above
courtor any appellate court or any court to which the business is transfer in the above matter,
and
tosignandfilepetitions,statementsaccounts,exhibits,compromisesorotherdocumentswhatsoever,
inconnectionwiththesaidmatterarisingtherefrom,andalsotoapplyforissueofsummonsandotherwr
itsorsubpoenaandtoapplyforandgetissuedanyarrest,attachmentorother execution warrant or
order and to conduct any proceeding that may rise there-out and toapply for and receive
payment of any or all sums or submit the above matter to
arbitration.Provided,however,thatifanypartoftheAdvocate’sfeeremainsunpaidbeforethefirsthea
ringof the case or if any hearing of the case be fixed beyond the limits of the town, then, and
insuchaneventmy/oursaidadvocatesshallnotbeboundtoappearbeforethecourtandifmy/oursaid
advocates doth appear in the said case he shall be entitled to an outstation fee and
otherexpenses of traveling, lodging, etc. Provided ALSO that if the case be dismissed by
default, orif it to be proceeded ex party the said advocate(s) shall not be held responsible for
the same.And all whatever my/our said advocate(s) shall lawfully do I do here by agree to and
shall infutureratify and confirm.

Accepted: Signature of client

Pintu Ram ----------------------

Advocate
(CounselforthePetitioner)

Page no. 12 of 12