Narayan Ram vs State Of Uttarakhand And Others
2021 Latest Caselaw 1538 UK

      HIGH COURT OF UTTARAKHAND AT NAINITAL

                 Writ Petition (S/S) No. 531 of 2021

Narayan Ram                                          ........... Petitioner

                                   Vs.

State of Uttarakhand and others                     ........ Respondents


Mr. D.K. Joshi, Advocate for the petitioner.
Mr. Pooran Singh Bisht, Additional Chief Standing Counsel for the
State/respondents.

                              JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The instant writ petition has been filed seeking the following reliefs:-

"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 18.1.2021 passed by respondent no.4 (Annexure No.7 to the writ petition)

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the post retiral benefits including the consequential benefits in accordance with the pay scale of the petitioner as on the date of petitioner's superannuation i.e. 31.5.2020.

(iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the claim relating to the pending medical bills and T.A. Bills of the petitioner,

(iii) Issue a writ, order or direction, which this Hon'ble Court may think fit and proper in the circumstances of the case.

(iv) Award the cost."

2. It is the case of the petitioner that having superannuated on 31.05.2020, now the department has initiated a proceeding for recovery of allegedly excess payment made to the petitioner. An Office Order dated 18.01.2021, which is Annexure No.7 to this writ petition, is impugned by which recovery is ordered.

3. At the very outset, the Court wanted to know from the learned counsel for the petitioner as to why instant petition be entertained in view of availability of alternate efficacious remedy from the Uttarakhand Public Services Tribunal as created under the Uttar Pradesh Public Services (Tribunals) Act, 1976. To it, learned counsel for the petitioner would seek permission to withdraw the writ petition with the liberty to file a claim before the Uttarakhand Public Service Tribunal.

4. Learned counsel for the petitioner also requests that in view of the COVID-19 pandemic situation, an interim stay for at least two weeks be given so that in the meanwhile, the petitioner may approach the Uttarakhand Public Services Tribunal.

5. Learned State counsel very fairly submits that in view of the COVID-19 pandemic situation, the State will not proceed for another two weeks to enforce the Office Order dated 18.01.2021.

6. The Court takes on record the statement given by the learned State counsel.

7. The writ petition is dismissed as withdrawn with the liberty as above, as also keeping in view the statement given by the learned counsel for the State.

(Ravindra Maithani, J.) 20.04.2021 Sanjay