IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.74 of 2009 (S/B) Kailash Chandra Upreti … Petitioner Versus State of Uttarakhand & others … Respondents Dated: 12.05.2009 Coram Hon’ble V.K. Gupta, C.J. Hon’ble Dharam Veer, J. V.K. Gupta, C.J. (Oral) Mr. Sanjeev Puri, Senior Advocate assisted by Mr. Ravi Babulkar, Advocate for the petitioner. Mr. J.P. Joshi, Chief Standing Counsel for the State/ Respondent Nos.1 & 2. Mr. Alok Singh, Senior Advocate assisted by Mr. M.C. Pant, Advocate for the Respondent No.3. In this petition filed under Article 226 of the Constitution of India, the judgment dated 22.4.2009 passed by the Public Services Tribunal, Uttarakhand at Dehradun in Claim Petition No.126 of 2008 is under challenge, whereby as an interim measure, the learned Tribunal has stayed the effect and operation of order dated 10.11.2008 which was under challenge before the Tribunal in the aforesaid claim petition. By this order, the writ petitioner herein was given additional charge/made In- charge of the post of Chief Engineer Level-II. After hearing the detailed arguments of learned counsel for the parties, we feel that in the facts and circumstances of the case, the Tribunal ought not have stayed the effect and operation of the aforesaid impugned order dated 10.11.2008. Debatable and important questions of constitutional law especially Article 16(4-A) of the Constitution of India as well as statutory law especially Explanation to Rule 6 of the Uttaranchal Government Servants Seniority Rules, 2002 are involved for consideration and adjudication in the aforesaid claim petition. What would be the effect of these provisions is a matter of immense importance for the ultimate outcome in this case. On a totality of circumstances, without dwelling into any controversial aspect lest any comment made by us prejudice the outcome of the claim petition, we set aside the aforesaid impugned judgment dated 22.4.2009 but by issuing directions to the effect that the claim petition in question shall be disposed of very very expeditiously. We accordingly issue herein below mentioned directions: - 1. Respondent Nos.1 and 2 herein, who are also respondents in the aforesaid claim petition, shall file their written statements in answer to the claim petition before the Tribunal on 20.5.2009, the date already fixed. If for totally unavoidable and compelling reasons it is not possible for them to do so, they might make an application to the Tribunal for extension of time in filing the written statement. The Tribunal, on being satisfied, may extend the time but not for more than three weeks. 2. The claim petition shall be disposed of finally before 31.8.2009. With the aforesaid directions and observations, the writ petition stands allowed but without any order as to costs. (Dharam Veer, J.) (V.K.Gupta, C.J.) 12.05.2009 Rdang