Chandramani Papnai vs Uttarakhand Van Vikas Nigam Dehradun

Ravindra Maithani, J

By means of the instant writ petition, petitioner seeks the following reliefs:-

"(i) Issue a writ order or direction in the nature of mandamus directing the respondents to pay the post retiral dues of petitioner i.e. Gratuity, leave encashment, life insurance etc. along with interest.

(ii) Issue a writ, order or direction in the nature of mandamus to direct the respondent to decide the representation of petitioner dated 9-8-2021 (Annexure-4) within a stipulated time and in accordance with law.

(iii) Issue any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(iv) Award cost of the petition."

It is the case of the petitioner that having served with the respondents department, he retired on 28.11.2020. But his retiral dues has yet not been paid.

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 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.

The learned counsel for the petitioner would submit that he restricts his prayer that directions be given to the respondent to decide the representation dated 09.08.2021 (Annexure No.4 to the writ petition) within the given time.

Learned counsel for the respondent gives a statement that a decision will be taken on the representation dated 09.08.2021 (Annexure No.4 to the writ petition) within a period of two months from today.

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

The writ petition is disposed of with the directions to the respondent, to decide the representation dated 09.08.2021 (Annexure No.4 to the writ petition) within a period of two months from today. 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.