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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
VIPIN SANGHI, SANJAYA KUMAR MISHRA, JJ.
Govind Nath – Appellant
Versus
State of Uttarakhand & others - Respondents
Writ Petition (S/B) No. 51 of 2020
Decided on : 01-11-2022
Public Servant - Pension Dispute - The court directed the record of the writ petition to be transmitted to the Uttarakhand Public Services Tribunal for consideration as the reliefs sought fell within its jurisdiction.
Fact of the Case:
The petitioner, a public servant, sought writ orders to quash an order, prepare and pay pension regularly, pay retiral dues with interest, and recover amount forcibly taken from salary without notice.
Finding of the Court:
The court found that the reliefs sought fell within the jurisdiction of the Uttarakhand Public Services Tribunal and directed the record to be transmitted for consideration as a claim petition.
Issues: Jurisdiction of the court, reliefs sought by the petitioner, completeness of pleadings.
Ratio Decidendi: The court determined that the reliefs sought by the petitioner fell within the jurisdiction of the Uttarakhand Public Services Tribunal and directed the case to be registered as a claim petition.
Final Decision: The writ petition was disposed of with the direction to transmit the record to the Tribunal for further consideration.
JUDGMENT :
VIPIN SANGHI, J.
Miscellaneous applications (IA Nos.13152 of 2021 and 13153 of 2021) are allowed, and the counter-affidavit filed by respondent no.1 and rejoinder-affidavit to the counter-affidavit of respondent no.1 are taken on record.
2. Petitioner, admittedly, is a public servant. The reliefs sought in the writ petition are as follows:-
II. Issue a writ, order or direction in the nature of mandamus directing the respondent to prepare the pension paper of the petitioner and pay him pension regularly and pay the other retiral dues with 18% interest calculating his entire service from 14.12.1979.
III. Issue a writ, order or direction in the nature of mandamus directing the respondent to pay the amount forcibly recovered from the petitioner’s salary of the month September and October, 2018 without any notice to him.
IV. Issue any other writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances in nature of justice and equity.”
3. The said reliefs squarely fall for consideration within the jurisdiction of the Uttarakhand Public Services Tribunal.
4. Since the pleadings are complete, we direct the Registry to transmit the record of the present writ petition to the Tribunal forthwith to be registered as a claim petition.
5. The writ petition is disposed of accordingly.
Jurisdiction of the court to consider reliefs sought by a public servant in a pension dispute.
The jurisdiction of the court to decide on the reliefs sought by a public servant and the eligibility for promotion based on ACRs and withheld increments.
Jurisdiction of the Uttarakhand Public Services Tribunal over matters related to public servant promotions.
The court's decision was influenced by the nature of the dispute related to the conditions of service of public servants and the availability of an alternate efficacious remedy.
The court emphasized the availability of an alternate efficacious remedy before the Uttarakhand Public Services Tribunal for adjudication of disputes related to the conditions of service of public se....
The court's decision was influenced by the principle that disputes related to the conditions of service of a public servant can be effectively adjudicated by the appropriate tribunal, and thus direct....
The court's decision was based on the principle that disputes related to the conditions of service of public servants could be effectively adjudicated by the appropriate tribunal, and therefore direc....
The court's decision was influenced by the principle that disputes related to the conditions of service of public servants should be effectively adjudicated by the appropriate tribunal, in this case,....
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