WPSB/224/2023
2023 Latest Caselaw 1516 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                 AND
              THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL



              WRIT PETITION (S/B) NO. 224 OF 2023

                              5TH JUNE, 2023


Between:

Dr. Rinkan Singh                       ......                  Petitioner


and


State of Uttarakhand & another ......                         Respondents


Counsel for the petitioner        :   Mr. Shashank     Pandey,   learned
                                      counsel

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



The Court made the following:


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


             The petitioner has prayed following reliefs in

this petition :


      "i)    Issue a writ or direction in the nature of certiorari
             to call for records and to quash the order dated
             16.01.2014        (Annexure       13)    &     22.01.2014
             (Annexure 14) vide which the pay of the petitioner
             has been fixed without protecting the grade pay of
                                   2




            the petitioner that the petitioner was drawing as
            Veterinary Officer.

     ii)    Issue   a     writ   or   direction   in   the   nature   of
            mandamus directing the respondents to grant pay
            protection to the petitioner by including Grade Pay
            of INR 5,400/- in the salary instead of INR
            4,600/-.

     iii)   Issue a writ, order or direction in the nature of
            certiorari to call for records and quash the order
            dated 01.03.2017 (Annexure 22) vide which the
            petitioner has been refused grant of ACP by
            including duration of previous service.

     iv)    Issue   a     writ   or   direction   in   the   nature   of
            mandamus to confer the benefit of the ACP to the
            petitioner by including the services rendered on
            the post of Veterinary Officer.

     v)     Grant all and any ancillary service benefits to the
            petitioner.

     vi)    Graciously be pleased to pass any such other
            relief(s) as this Hon'ble Court may deem just and
            proper in the circumstances of this case."



2)          The petitioner is a public servant, and the

reliefs sought by him squarely fall for consideration by

the Uttarakhand Public Services Tribunal.


3)          Accordingly, we are not inclined to entertain

the present petition, and leave it open to the petitioner

to approach the Tribunal.
                             3




4)         Counsel for the petitioner states that Bench of

the Tribunal at Dehradun, and not at Nainital, may

entertain this petition due to petitioner's convenience.


5)          It shall be open to the petitioner to make

such a request to the Tribunal, and the Tribunal may

consider the same, if it is legally permissible.


6)         The writ petition stands disposed of in the

aforesaid terms.



                                       ________________
                                       VIPIN SANGHI, C.J.



                                   _________________
                                   RAKESH THAPLIYAL, J.

Dt: 05th JUNE, 2023 Negi