WPSB/87/2016
2022 Latest Caselaw 3129 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

                      24TH SEPTEMBER, 2022
           WRIT PETITON (S/B) No. 87 OF 2016

Between:

Vidya Dutt Raturi                                      ...........Petitioner

and

State of Uttarakhand and others.
                                                          ...Respondents

Counsel for the petitioner.        :   Mr. Shailendra Nauriyal.

Counsel for the respondents.       :   Mr. Pradeep Joshi, learned Additional
                                       Chief Standing Counsel for the State of
                                       Uttarakhand.
                                       Mr. I.D. Paliwal, learned Standing
                                       Counsel for the State of Uttar Pradesh.


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

              The petitioner retired as a public servant.

2.            The reliefs sought in the writ petition are the

following:-

              "A.     Issue a writ order or direction in the nature of
                      mandamus commanding the respondents to pay
                      actual 10% of General Provident Fund and
                      interest and also refund of Rs. 13,752 deposited
                      by the petitioner in the year 2012 under the
                      pressure of respondent no. 4/5 with interest and
                      also to pay the damages.
              B.      Issue a writ, order or direction in the nature of
                      mandamus directing the respondents to pay all
                      the outstanding amount due to the petitioner
                      with interest."
 3.         The reliefs sought by the petitioner fall for

consideration within the jurisdiction of the Uttarakhand

Public Services Tribunal.


4.         Considering the fact that the Writ Petition has

been pending since 2016, and a counter-affidavit on

behalf of respondent Nos. 4 & 5 has been filed, 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.            The Tribunal is

requested to expedite the hearing of the Claim Petition,

provided the petitioner does not seek any adjournment.


5.         The    Writ     Petition   stands     disposed   of

accordingly.


                                      ________________
                                       VIPIN SANGHI, C.J.


                                          _____________
                                           R.C. KHULBE, J.

Dt: 24th September, 2022 Rathour