Bachi Singh vs State Of Uttarakhand And Others

Ravindra Maithani, J

Petitioner seeks the following reliefs:

“(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to recomputed and release amount the Gratuity in

favour of the petitioner under the Payment of the Gratuity Act, 1972, after taking into the consideration, the services rendered by the petitioner on a

daily wages basis since 01.04.1974, up to his date of superannuation on the basis of last drawn salary.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent department to award statutory interest, as payable under

Section 7 (3) (A) of the Payment of Gratuity Act, 1972.

(iii) Issue any suitable order or direction as this Hon’ble Court may deem fit and proper in the circumstances of the case.

(iv) To Award the cost of the writ petition to the petitioner.â€​

Heard learned counsel for the parties and perused the record.

At the very outset, the Court wanted to know from the learned counsel for the petitioner, as to how the instant petition should be entertained in view

of the availability of alternate efficacious remedy from the State Public Services Tribunal, as constituted under the Uttar Pradesh Services (Tribunal)

Act, 1976.

At it, learned counsel for the petitioner, would submit that petitioner may be given a liberty to move a representation to respondent no. 2 within a

period of ten days from today, with a further direction to respondent no. 2 to decide the representation within a given time, in view of settled law laid

down by the Hon’ble Supreme Court in the case of Netram Sahu v. State of Chhattisgarh and another, (2018) 5 SCC 430, which has been

consistently followed by this Court in different judgments.

Learned State counsel gives a statement that if such a representation is given by the petitioner, it would be decided by respondent no. 2 within a

period of two months from the date of receipt of such representation.

The Court takes on record the statement given by the learned State counsel.

The writ petition is disposed of with the liberty to the petitioner to make a representation within ten days from today, with directions to the

respondent no. 2 to decide the representation so filed by the petitioner, within a period of two months from the date of receipt of such representation.

But, in case the dispute is still not resolved, even after consideration of the representation, any writ petition, on the subject, shall not be entertained by

this Court merely on the ground that it is in sequel to the instant writ petition.