WPSB/50/2022
2022 Latest Caselaw 2829 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. 50 OF 2022


   Between:

   Smt. Geeta Devi                                               ...Petitioner

   and

   State of Uttarakhand and others                          ...Respondents

   Counsel for the petitioner.       :       Mr. Pooran Singh Rawat, the learned counsel

   Counsel for the respondent nos. 1 :       Mr. Vikas Pande, the learned Standing Counsel
                                             for the State of Uttarakhand

   Counsel for respondent nos. 2 & 3.:       Mr. Himanshu Yadav, the learned counsel,
                                             holding brief of Mr. Bhupendra Singh Bisth, the
                                             learned Counsel.


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

             The reliefs sought in the present Writ Petition are
the following:-
     (i)     Issue a writ or direction in the nature of certiorari
             for quashing impugned recovery of Rs. 3,99,705/-
             (shown in her pension patta No. 60/lh0vkj0us0&659
             Dated 29.05.2021 from Gratuity amount of Rs. 20
             Lakh) (Annexed as Annexure No. 1 to this writ
             petition) and petitioner further seeking writ in the
             nature of certiorari for quashing impugned recovery
             order dated 12.06.2020 (whereby recovery of
             wrong pay fixation w.e.f. 01.01.1998 to 31.12.2019
             of Rs. 2,46,500/- has been fixed (annexed as
             Annexure No. 4 to this writ petition).


     (ii)    To issue a writ order or direction in the nature of
             mandamus directing the respondents not to recover

                                         1
             the amount of Rs. 3,99,705/- from petitioner's
            Gratuity amount, otherwise the petitioner shall
            suffer irreparable loss and injury;
       (iii) To issue a writ order or direction in the nature of
            Mandamus      commanding      the     Respondents   to
            forthwith release the outstanding retiral benefits to
            the petitioner forthwith, details whereof is given
            herein below:-
            A)   Leave Encashment (108) days) (Sanctioned
                 but not paid)
            B)   Gratuity (Sanctioned but not paid)
            C)   Medical Bills (Sanctioned but not paid)"

2.          The petitioner is a widow of late Ramesh Singh
Bhandari, who was a government servant. The petitioner has
stepped into the shoes of late Ramesh Singh Bhandari, and
the subject matter of the Writ Petition squarely falls within
the jurisdiction of the Uttarakhand Public Services Tribunal.

3.          We direct the Registry to transmit the complete
record of 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