WPSB/200/2021
2022 Latest Caselaw 2985 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                             AND
                HON'BLE SRI JUSTICE R.C. KHULBE

                      15TH SEPTEMBER, 2022
      WRIT PETITON (S/B) No. 200 OF 2021
Between:
Smt. Archana Shukla.
                                     ...Petitioner

and

State of Uttarakhand and others.
                                                           ...Respondents

Counsel for the petitioner.          :   Mr. Gulshan Pandey, the learned
                                         counsel holding brief of Mr. Ganesh
                                         Kandpal, the learned counsel.

Counsel for the respondent nos. 1    :   Mr. B.P.S. Mer, the learned Brief
and 3                                    Holder for the State of Uttarakhand.

Counsel for the respondent no. 2.    :   Mr. Akshay Latwal, the learned counsel
                                         holding brief of Mr. N.S. Pundir, the
                                         learned counsel.

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

              The petitioner has preferred the present Writ

Petition to seek the following reliefs :-

              "i-     a writ order a direction in the nature of certiorari
                      to call for the record of the case and quash the
                      order dated 25-1-2021 passed by the
                      respondent no. 3 contained in Annexure no.4 to
                      the writ petition."


2.            The petitioner falls within the definition of a

public servant.               The claim raised by the petitioner

squarely falls for consideration by the Uttarakhand Public

Services Tribunal.
 3.          Considering the fact that the Writ Petition has

been pending since 2021, and pleadings are complete,

we direct the Registry to transfer the complete record of

this Writ Petition to the Uttarakhand Public Services

Tribunal.    The Tribunal shall register the same as a

Claim Petition, and deal with the same accordingly.


4.          Interim order shall continue to operate till the

matter is taken up by the Tribunal.


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

also stands disposed of.


                                    ________________
                                     VIPIN SANGHI, C.J.


                                         _____________
                                          R.C. KHULBE, J.

Dt: 15th September, 2022 Rahul