IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Interim Relief Application No.306 of 2010 Misc. Application NO.5816 of 2010 In Writ Petition No. 61 of 2010 (S/S) Mohan Chandra Joshi, S/o Sri Madhwanand Joshi, R/o Village Amdo, P.O. Babiyar, District Nainital. ……Petitioner. Versus State of Uttarakhand and others. …….Respondents. Mr. D.S. Mehta, Advocate for the petitioner. Mr. Subhash Upadhyay, Brief Holder for the State. Mr. J.C. Belwal, Advocate for the respondent Nos. 2 and 3. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought following reliefs:- (A) Issue any other writ, order or direction in the nature of certiorari for quashing the seniority list dated 24-10-2009 (Annexure No. 5) issued by the respondent so far as it relates to the fixation of seniority of respondent NO.4 at serial No.2. (B) Issue any order or direction in the nature of writ of mandamus commanding the respondents to place the petitioner in the seniority list at serial No. 2 in place of respondent No.4. (C) Issue any other direction or order as this Hon’ble Court may deem fit and proper under the circumstances of the case. (D) Award costs of the writ petition to the petitioner. Learned counsel for the respondent has pointed out that against the order of rejection of the representation, the 2 petitioner has preferred an appeal before the Registrar Co- operative Milk Societies, Uttarakhand, the averment to this effect has been made in para No. 21 of the counter affidavit filed on behalf of the respondent Nos. 2 and 3. By a perusal of annexure No. 17 to the counter affidavit, it reveals that the petitioner has made a representation before the Managing Director, Uttarakhand Co-operative Dairy Federation (U.C.D.F). Haldwani against the rejection of the representation by the General Manager on 03-11-2009, i.e. still pending for disposal. The petitioner has sought a writ in the nature of certiorari for quashing the seniority list dated 24-10-2009, annexed as annexure No.5 to the writ petition. The same controversy is to be examined by the Managing Director. The writ petition is disposed of at this stage with a direction that the Managing Director, Uttarakhand Cooperative Dairy Federation (UCDF) Haldwani/Registrar shall take decision on the representation/appeal made by the petitioner, preferably within a period of four weeks from the date of production of certified copy of this order. However, if cause of action survives after the decision of the representation/appeal, the petitioner may prefer fresh writ petition. All pending applications stand disposed of. (B.S.Verma, J.) 21-07-2010 MK