WPSB/587/2018
2022 Latest Caselaw 2827 UK

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


                           7TH SEPTEMBER, 2022
             WRIT PETITION (S/B) No. 587 OF 2018


     Between:

     Bharat Lal Sah                                      ...Petitioner

     and

     State of Uttarakhand and others                               ...Respondents

     Counsel for the petitioner.              :     Ms. Shruti Joshi, the learned counsel.
     Counsel for the respondent nos. 1 to 3   :     Mr. B.S. Parihar, learned Standing
                                                    Counsel for the State of Uttarakhand.
     Counsel for respondent no. 4.            :     Mr. Saurabh Adhikari, the learned
                                                    Counsel.



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

              The reliefs sought in the present Writ Petition are
the following:-
              "I. To issue an appropriate order or direction
              directing the respondents to pay interest @ 8.5%
              on the delayed payment of GPF amount from
              31.3.2011 (date of retirement) till 1.8.2017 (date
              of payment).
              II. To issue an appropriate order or direction
              directing the respondents to pay difference of both
              the amount i.e. amount shown in calculation sheet
              (annexure-1) and amount shown in letter dated
              11.5.16         (annexure-2)            1021895-872825=                Rs.
              1,49,070/- (Rs. One Lakh Forty Nine Thousand
              Seventy) to the petitioner with interest @ 8.5%
              from 31.3.2011 till the date of actual payment."



2.            Admittedly, the petitioner is a Public Servant. The
                                1
 subject matter of the writ petition squarely falls within the
jurisdiction of the Uttarakhand Public Services Tribunal.


3.         Considering the fact that the petition has been
pending since the year 2018 and the pleadings have been
exchanged, we direct the Registry to transmit the complete
record of the present writ petition to the Tribunal forthwith to
be registered as a Claim Petition.


4.         The writ petition is disposed of accordingly.


5.         In sequel thereto, all pending applications stand
disposed of.


                                  ___________________
                                     VIPIN SANGHI, C. J.


                                          ______________
                                  MANOJ KUMAR TIWARI, J.

Dt: 07.09.2022 Aswal/NT