WPSB/3/2021
2022 Latest Caselaw 3001 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. 03 OF 2019

                          16TH SEPTEMBER, 2022

BETWEEN:
Bharat Bhushan Awasthi                                           .....Petitioner.
And

State of Uttarakhand & others                                    ....Respondents.

Counsel for the Petitioner : Mr. Manoj Kumar, 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 to quash the impugned letter/ dated 10.01.2020 issued by Deputy Secretary, Government of Uttarakhand wherein the claim of the petitioner seeking benefit of past services rendered by him in Government Community Health Centre has been rejected.

II. Issue a writ, order or direction in the nature of mandamus commanding the respondents to consider the claim of the petitioner for inclusion of his past services rendered as Dental Surgeon in Government Community Health Centre on pensionable post between 29.01.2003 to 20.08.2008 and consequently pay all the service benefits including benefit under old pension scheme by activating the GPF Account allotted to the petitioner.

III. Issue any other order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case".

2. The said reliefs squarely fall for consideration within

the jurisdiction of the Uttarakhand Public Services Tribunal.

3. Considering the fact that writ petition is pending

since the year 2020-21, and the counter-affidavit has been

filed on behalf of respondent no.3, 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