WPSB/100/2020
2022 Latest Caselaw 3016 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

                      19TH SEPTEMBER, 2022
          WRIT PETITON (S/B) No. 100 OF 2020

Between:

Surendra Chandra Pathak.
                                                               ...Petitioner

and

State of Uttarakhand and others.
                                                           ...Respondents

Counsel for the petitioner.          :   Mr. M.C. Kandpal, the learned Senior
                                         Counsel assisted by Mr. Chitrarth
                                         Kandpal, the learned counsel.

Counsel for the respondents.         :   Mr.   Pradeep Joshi, the learned
                                         Additional Chief Standing Counsel for
                                         the State of Uttarakhand.

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

              The petitioner has preferred the present Writ

Petition to seek the following relief :-

              "(I)    Issue a writ, order or direction in the nature of
                      Mandamus commanding and directing the
                      respondent authorities to correct the pay scale
                      of the principal from the dated, the petitioner
                      was appointed on the post of i.e. 12.07.1986
                      and the pay scale of the petitioner on the post
                      of the officers and particularly at the time of
                      retirement on the post of District Education
                      Officer/Joint Director and correct the pension on
                      the basis of that and fixed the pension correctly
                      from the date of his retirement i.e. 28.02.2006."


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 2020, 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.          The   Writ     Petition   stands   disposed   of

accordingly.


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

also stands disposed of.


                                      ________________
                                       VIPIN SANGHI, C.J.


                                          _____________
                                           R.C. KHULBE, J.

Dt: 19th September, 2022 Rahul