4 November vs State Of Uttarakhand And Others
2025 Latest Caselaw 5237 UK

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 Service Bench 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.)

Petitioner has filed this writ petition with 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 said post as per legitimate expectations of law.

iii) To pass any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2025:UHC:9744-DB

iv) Award cost of petition to the petitioner."

2. Petitioner has challenged the order passed by the

competent authority by which three increments have been

seized in the salary with cumulative effect and an order of

censure entry for the misconduct 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 case the petitioner approaches the Public

Service Tribunal for redressal of his grievance within 15

days from today then the petition shall not be rejected on

the ground of limitation.

4. With the above observations, the writ petition is

disposed of.

(G. NARENDAR, C. J.)

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