WPSB/454/2022
2022 Latest Caselaw 2441 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
                      SRI JUSTICE VIPIN SANGHI, C.J.
                                  AND
                       SRI JUSTICE R.C. KHULBE, J.

3rd August, 2022

WRIT PETITION (S/B) No. 454 OF 2022 Between:

Dilbagh Singh and others. .......Petitioners

and

State of Uttarakhand and others. ....Respondents

Counsel for the petitioners : Mr. S.S. Yadav, learned counsel.

Counsel for the respondents : Mr. Vikas Pandey, learned Standing Counsel for the State of Uttarakhand.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

The petitioners-who are twenty-two in number

have preferred the present writ petition to assail the order

dated 17.03.2020 (Annexure-2 to the writ petition). They

further seek a direction to the respondents to grant the

benefit of ACP, MCP and increments with arrears of three

years. They also seek a direction to the respondents for

counting of their past service.

2. The substantive relief Nos. 2 and 3, sought by

the petitioners, read as follows:-

"ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the benefit of ACP, MCP and increments and its arrears of 03 years but the previous service be counted as a length of service and other increments be fixed revising and giving fresh look to re-fix and pay the same excluding the due arrears prior to rendered service of 03 years from the date of judgment i.e. 02.09.2019 be treated as cut-off date and fix the all admissible service benefits on the date since which 03 years starts and onwards till retirement and on that basis fix the pension revising it respectively to each petitioner.

iii. Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the arrears of leave encashment of about 300 days as depicted in the service book of each petitioner except petitioner no. 22 because he has already filed the Writ Petition No. 1691 (S/S) No. 2021 "Jainand Prasad Tyagi vs. State of Uttarakhand and others" for the same benefit of leave encashment of 300 days."

2. The reliefs, sought by the petitioners in the writ

petition, squarely fall within the domain of the

Uttarakhand Public Services Tribunal to consider.

3. We, therefore, dispose of this petition with

liberty to the petitioners to approach the said Tribunal.

4. The learned counsel for the petitioners submits

that the petitioners are poor people and unable to engage

another counsel, in case the Tribunal were to take-up the

claim petition at Dehradun. He prays that this Court may

direct the Tribunal to hear the claim petition at its Bench

at Nainital.

5. We leave it open to the petitioners to make such

a request before the Tribunal. It shall be for the Tribunal

to decide as to where it could take-up the claim petition

for hearing.

6. In sequel thereto, pending application, if any,

also stands disposed of.

________________ VIPIN SANGHI, C.J.

____________ R.C. KHULBE, J.

Dt:3rd August, 2022 Rathour