Kishan Singh Bhandari vs State Of Uttarakhand And Others
2021 Latest Caselaw 2745 UK

       HIGH COURT OF UTTARAKHAND AT NAINITAL

                   Writ Petition (S/S) No. 920 of 2021

Kishan Singh Bhandari                                       ........... Petitioner

                                       Vs.

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


Mr. B.S. Negi, Advocate for the petitioner.
Mr. P.S. 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 writ, order or direction in the nature of mandamus commanding/directing the respondents to pay the salary to the petitioner from 01.10.2017 to 11.10.2020 and also pay the pensionary benefit with interest, including all service benefits to the petitioner.

(ii) issue any other suitable writ, order or direction of any nature in favour of petitioner, which this Hon'ble Court may deem fit and proper in the present circumstances of the case.

(iii) award the cost of writ petition in favour of the petitioner. "

2. It is the case of the petitioner that having retired from services on 31.05.2021, the respondents have not paid all due claims to the petitioner.

3. Heard learned counsel for the parties and perused the record.

4. At the very outset, Court wanted to know from the learned counsel for the petitioner, as to how the instant petition should be entertained in view of the availability of alternate efficacious remedy from the State Public Services Tribunal, as constituted under the Uttar Pradesh Services (Tribunal) Act, 1976.

5. At it, learned counsel for the petitioner, would submit that earlier there were some actions taken against the petitioner for which, the petitioner had approached this Court. While arguing for a while, learned counsel for the petitioner would submit that directions may be issued to respondent nos.2 and 4 to decide the representation dated 06.01.2021, submitted by the petitioner.

6. Learned State counsel gives a statement that the representation dated 06.01.2021 (Annexure No.7 to the writ petition) will be decided by the respondents within a period of two months from today.

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

8. The writ petition is disposed of with the directions to the respondent nos.2 and 4, to decide the representation dated 06.01.2021 (Annexure No.7 to the writ petition) within a period of two months from today. But, in case the dispute is still not resolved, even after consideration of the representation, any writ petition, on the subject, shall not be entertained by this Court merely on the ground that it is in sequel to the instant writ petition.

(Ravindra Maithani, J.) 02.08.2021 Sanjay