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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Chandra Shekhar Pandey - Appellant
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (S/S) No. 2269 of 2017
Decided On : 19-12-2022
Mandamus - Conditions of Service of Public Servant - The court directed the transfer of the present matter to the Uttarakhand Public Services Tribunal for adjudication, considering it as a claim petition due to the pending nature of the matter.
Fact of the Case:
The petitioner filed a Writ Petition under Article 226 of the Constitution of India seeking mandamus to grant the benefit of a government order and pay arrears of the difference of pay scale.
Finding of the Court:
The court directed the transfer of the case to the Uttarakhand Public Services Tribunal for adjudication, considering it as a claim petition due to the pending nature of the matter.
Issues: Conditions of service of a public servant, alternate efficacious remedy before the Uttarakhand Public Services Tribunal.
Ratio Decidendi: The court found that the disputes raised in the writ petition could be effectively adjudicated by the Uttarakhand Public Services Tribunal, and thus directed the transfer of the case to the tribunal.
Final Decision: The Writ Petition stands disposed of accordingly, with the case being transferred to the Uttarakhand Public Services Tribunal for adjudication.
JUDGMENT
Alok Kumar Verma, J. - The present Writ Petition has been filed under Article 226 of the Constitution of India with the following reliefs:-
(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to grant the benefit of Government Order No.770/xxvii (7) 40(ix)/2011 dated 06.11.2013 by granting the Pay Scale of Rs.5200-20200 + Grade pay of Rs.2800 of 2nd ACP/Promotional post forthwith from due date along with 18% interest.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to pay the arrear of the difference of pay scale of the Grade pay of Rs.2800/- of 2nd ACP/promotional post which has not been paid by the respondents authority to the petitioner from due date with 18% interest.
2. Heard Mr. B.M. Pingal learned counsel for the petitioner and Mr. Tej Singh Bisht, learned Deputy Advocate General assisted by Mrs. Indu Sharma, learned Brief Holder for the State.
3. Mr. Tej Singh Bisht, learned Deputy Advocate General for the State, submitted that the present matter relates to the conditions of service of a public servant, therefore, the petitioner has alternate efficacious remedy to raise his grievances before the Uttarakhand Public Services Tribunal.
4. Mr. B.M. Pingal, the learned counsel appearing for the petitioner, agrees to transfer the present matter to the Uttarakhand Public Services Tribunal.
5. As the disputes raised in the present writ petition can be effectively adjudicated by the Uttarakhand Public Services Tribunal, with the consent of both the parties, the complete record along with the writ petition, after retaining the copies thereof, is being transmitted to the Uttarakhand Public Services Tribunal for hearing the writ petition as a claim petition in accordance with law.
6. The Uttarakhand Public Services Tribunal is also requested to consider entertaining the present matter as a claim petition taking into consideration this fact that the present matter has been pending for past five years.
7. The present Writ Petition (S/S No.2269 of 2017) stands disposed of accordingly.
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 emphasized the availability of an alternate efficacious remedy before the Uttarakhand Public Services Tribunal for grievances related to the conditions of service of public servants.
The main legal point established in the judgment is the availability of an alternate efficacious remedy for public servants to raise grievances before the Uttarakhand Public Services Tribunal.
The court emphasized the availability of an alternate efficacious remedy before the Uttarakhand Public Services Tribunal for adjudicating the grievances raised in the writ petition.
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,....
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 has the discretion to direct the adjudication of a matter by an appropriate forum, especially when it involves the conditions of service of a public servant.
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