WPSB/51/2022
2022 Latest Caselaw 3466 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                 THE HON'BLE SRI JUSTICE SANJAYA KUMAR MISHRA

                 WRIT PETITION (S/B) NO. 51 OF 2020

                          01ST NOVEMBER, 2022

BETWEEN:
Govind Nath                                                    .....Petitioner.
And

State of Uttarakhand & others                                  ....Respondents.

Counsel for the Petitioner : Mr. Ashish Joshi, learned counsel.

Counsel for the Respondents : Mr. B.S. Parihar, learned Standing Counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Miscellaneous applications (IA Nos.13152 of 2021

and 13153 of 2021) are allowed, and the counter-affidavit

filed by respondent no.1 and rejoinder-affidavit to the

counter-affidavit of respondent no.1 are taken on record.

2. Petitioner, admittedly, is a public servant. The

reliefs sought in the writ petition are as follows:-

"I. Issue writ, order or direction in the nature of certiorari to quash the order dated 10.01.2020 (Annexure No.1) passed by the respondent no.1.

II. Issue a writ, order or direction in the nature of mandamus directing the respondent to prepare the pension paper of the petitioner and pay him pension regularly and pay the other retiral dues with 18% interest calculating his entire service from 14.12.1979.

III. Issue a writ, order or direction in the nature of mandamus directing the respondent to pay the amount

forcibly recovered from the petitioner's salary of the month September and October, 2018 without any notice to him.

IV. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances in nature of justice and equity."

3. The said reliefs squarely fall for consideration within

the jurisdiction of the Uttarakhand Public Services Tribunal.

4. Since the pleadings are complete, we direct the

Registry to transmit the record of the present writ petition to

the Tribunal forthwith to be registered as a claim petition.

5. The writ petition is disposed of accordingly.

(VIPIN SANGHI, C.J.)

(S.K. MISHRA, J.) Dated: 01st November, 2022 NISHANT