WPSB/20/2022
2022 Latest Caselaw 2830 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. 20 OF 2022


    Between:

    Dr. Sujit Kumar Yadav                                 ...Petitioner

    and

    State of Uttarakhand and others                       ...Respondents

    Counsel for the petitioner.       :    Mr. S.K. Mandal, the learned counsel.

    Counsel for the respondent nos. 1, :   Mr. Vikas Pande, the learned Standing Counsel
    2&5                                    for the State of Uttarakhand

    Counsel for the respondent nos. 3 :    Mr. Subhang Dobhal, the learned counsel
    &4



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

Amendment Application (IA No. 3 of 2022)


              By this application, the petitioner seeks to make
amendment/correction                 insofar      as      the      description         of
respondent no. 5 is concerned.


              For the reasons stated in the application, the same
is allowed.


Writ Petition (S/B) No. 20 of 2022



              The reliefs sought in the present Writ Petition are
the following:-
     "(i) Issue a writ order or direction in the nature of
              certiorari quashing the order dated 14.09.2021
              passed by the respondent no. 5 (contained in
              annexure no. 20 to the writ petition).
                                1
        (ii)   Issue a writ order or direction in the nature of
              mandamus      directing     and     commanding       the
              respondents   to    pay    the   retirement   dues   i.e.
              Pension, Gratuity, Leave Encashment, GPF, Group
              Insurance and arrears of 6th pay commission from
              01.01.2006     to    16.10.2007      with     admissible
              interest."


2.            The petitioner is a government servant. 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