Brahma Nand vs State Of Uttarakhand And Others

Ravindra Maithani, J

The instant writ petition has been filed seeking the following reliefs:-

“a) Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents to selection grant Grade Pay of Rs.5400/-

with arrears to the petitioners w.e.f. 13-04-2016 and other consequential benefits be fixed on the grade pay of Rs.5400/-

b) Issue any other writ or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

c) Award cost of the petition.â€​

Heard learned counsel for the parties and perused the record.

It is the case of the petitioner that he is working as a Lecturer in English in a Government Inter College, but he is not being paid the Grade Pay, to

which he is entitled to.

At the very outset, the Court wanted to know from the learned counsel for the petitioner, as to why should this Court entertain the writ petition

under Article 226 of the Constitution of India, in view of the availability of alternate efficacious remedy from the State Public Services Tribunal, as

constituted under the Uttar Pradesh Public Services (Tribunal) Act, 1976.

Learned counsel for the petitioner would submit that a liberty may be given to the petitioner to make a fresh representation to respondent no.2

within a period of one week from today, with the further directions to respondent no.2, to take decision on the representation within the given time.

Learned State counsel gives a statement that in case, such a representation is made by the petitioner, a decision will be taken on it within a period of

two months from the receipt of the representation.

The writ petition is disposed of with the liberty to the petitioner to make a representation to respondent no.2 within a period of one week from today

with further directions to respondent no.2 that upon such representation having been made, that shall be decided within a period of two months

thereafter. 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.

Let a certified copy of this judgment be supplied to the learned counsel for the parties, today itself, on payment of usual charges.