WPSB/430/2022
2022 Latest Caselaw 2330 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

                       SRI JUSTICE VIPIN SANGHI, C.J.
                                   AND
                        SRI JUSTICE R.C. KHULBE, J.

27th JULY, 2022 WRIT PETITION (S/B) No. 430 OF 2022 Between:

Itendra Kumar .......Petitioner

and

State of Uttarakhand and another. ....Respondents

Counsel for the petitioner : Mr. Shobhit Saharia, learned counsel.

Counsel for the respondents : Mr. K.N. Joshi, learned Deputy Advocate General for the State of Uttarakhand.

Upon hearing the learned Counsel, the Court made the following

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

The petitioner has preferred the present writ

petition to assail the order dated 21.10.2021 passed by the

respondents, whereby the petitioner's claim for

regularization, after he has rendered thirty-four years of

service, has been rejected.

2. The case of the petitioner is that the said rejection

is in utter breach of the principles of natural justice as he

was not heard in the matter, and the facts and

circumstances of this case have not been considered by the

respondents. The petitioner also seeks a mandamus to the

respondents to pass a formal order for confirmation and regularization of the petitioner, and to process his retiral

benefits and grant the same.

3. It is not in dispute that the petitioner has an

alternative efficacious remedy to approach the Uttarakhand

Public Services Tribunal to raise his grievances as raised in

the present writ petition.

4. We, therefore, dispose of this petition with liberty

to the petitioner to approach the said Tribunal to raise his

grievances. In case the petitioner files his claim petition

within next two weeks, considering the fact that the

petitioner is about to superannuate, his petition may be

heard and decided within a period of nine months.

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

stands disposed of.

________________ VIPIN SANGHI, C.J.

____________ R.C. KHULBE, J.

Dt: 27th July, 2022 Rathour