Rampal Singh Rawat vs State Of Uttarakhand And Others
2021 Latest Caselaw 3387 UK

         HIGH COURT OF UTTARAKHAND AT NAINITAL

                     Writ Petition (S/S) No. 1102 of 2021

Rampal Singh Rawat                                                ...... Petitioner

                                            Vs.

State of Uttarakhand and Others                                  ..... Respondents


Mr. T.P.S. Takuli, Advocate for the petitioners.
Mr. P.S. Bisht, Addl. C.S.C. for the State.



                                    JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

Petitioner seeks the following relief;

"(i) Issue a writ, order or direction in the nature of Mandamus directing the respondents to release the service pension (from August 2020 onwards), Commutation, Gratuity, Group Insurance, Public Provident Fund & Medical Reimbursement alongwith interest to the petitioner as early as possible as the petitioner has been retired from service on 31st of July, 2020 from the post of ad- hoc Naib Tehsildar, Pauri, else the petitioner shall suffer irreparable loss and injury and the same cannot be compensated by any means.

(ii) Pass such further orders or directions which are just and proper in the facts of the case."

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

3. It is the case of the petitioner that having served the respondent department, the petitioner retired on 31.07.2020, but, he has yet not been paid the retiral and other dues.

4. At the very outset, the Court wanted to know from learned counsel for the petitioner that as to why the matter should not be entertained in view of existence of State Public Services Tribunal, constituted under the U.P. Public Services (Tribunal) Act, 1976.

5. Learned counsel for the petitioner would submit that a direction be issued to the respondent no.2 to consider the representation dated 31.07.2021 (Annexure-4 to the writ petition) submitted by the petitioner.

6. On behalf of the State, a statement is given that the representation dated 31.07.2021 will be decided by the respondents within a period of two months from today.

7. The statement made on behalf of learned State Counsel is taken on record.

8. The writ petition is disposed of with a direction to the respondent no.2 to decide the representation dated 31.07.2021 (Annexure- 4 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.) 01.09.2021 Ujjwal