WPSB/127/2021
2022 Latest Caselaw 2995 UK

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

                WRIT PETITION (S/B) NO. 127 OF 2021

                          16TH SEPTEMBER, 2022

BETWEEN:
Devendra Kumar Pachauri                                          .....Petitioner.
And

State of Uttarakhand & others                                    ....Respondents.

Counsel for the Petitioner : Mr. Niranjan Bhatt, learned counsel.

Counsel for the Respondents : Mr. Vikas Pande, learned Standing Counsel.

The Court made the following:

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

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 calling for the records and quashing the impugned Office Memorandum dated 07.12.2020 (Annexure No.14 to the Writ Petition) passed by the Secretary, Irrigation, Government of Uttarakhand, whereby the Office Memorandum dated 05.10.2015 and Government Order dated 30.08.2017, granting selection grade to the petitioner has been quashed.

(ii) Issue a writ, order or direction in the nature of certiorari calling for the records and quashing the communication dated 04.02.2021 (Annexure No.15 to the writ petition), issued by the Director, Directorate of Treasury, Pension and Entitlement, Uttarakhand, Dehradun, whereby the department has been directed to recover a sum of Rs.49,58,678.00/- and to accordingly provide the revised pension order in respect of the petitioner.

(iii) Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case".

2. The said reliefs squarely fall for consideration within

the jurisdiction of the Uttarakhand Public Services Tribunal.

3. 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.

4. The writ petition is disposed of accordingly.

(VIPIN SANGHI, C.J.)

(R.C. KHULBE, J.) Dated: 16th September, 2022 NISHANT