4 November vs State Of Uttarakhand And Others
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Uttarakhand High Court

4 November vs State Of Uttarakhand And Others on 4 November, 2025

                                                          2025:UHC:9744-DB


IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

  THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR

                                    AND

  THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY

                Writ Petition (S/B) No.475 of 2025
                             04 November, 2025


 Sachin Saxena                                         --------Petitioner

                                    Versus

 State of Uttarakhand and Others           -------Respondents
 ----------------------------------------------------------------
 Presence:-
 Ms. Indu Sharma, learned counsel for the petitioner.
 Mr. B.S. Parihar, learned Addl. C.S.C. for the State of Uttarakhand/
 respondent nos.1,2 and 4.
 Mr. Mukesh Kumar Kaparuwan, learned counsel for respondent no.3.
 ----------------------------------------------------------------
 JUDGMENT :

(per Mr. Subhash Upadhyay J.)

Heard Ms. Indu Sharma, learned counsel for the

petitioner, Mr. B.S. Parihar, learned Additional Chief

Standing Counsel and Mr. Mukesh Kumar Kaparuwan,

learned counsel for respondent no.2.

2. Petitioner has filed this writ petition for the

following prayers:-

"i) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 28.05.2025 passed by respondent no.1 to the extent of (i) for seizure of three increment in the salary with cumulative effect, (ii) the censure entry for the misconduct year (contained as Annexure No.25 to this writ petition).

ii) To issue a writ, order or direction in the nature of mandamus directing the respondents to grant all the consequential benefits as admissible to the

2025:UHC:9744-DB

said post as per legitimate expectations of law."

2. Petitioner has challenged the order passed by the

competent authority by which three increments have been

withheld with cumulative effect and an order of censure

entry has also been passed. The petitioner is a Government

servant and as such he has an alternative remedy to

approach the Public Service Tribunal for redressal of his

grievance.

3. In that view, the writ petition is dismissed on the

ground of alternative remedy available to the petitioner.

However, it is provided, that in case the petitioner

approaches the Public Service Tribunal for redressal of his

grievance within 15 days from today, the claim petition

shall not be rejected on the ground of limitation.

4. Writ petition stands ordered, accordingly. There

shall be no order as to costs.

5. Pending applications, if any, also stand disposed

of accordingly.

(G. NARENDAR, C. J.)

(SUBHASH UPADHYAY, J.) Dated: 04.11.2025 R/SS