High CourtsDivision Bench

Diwan Singh Tomkyal vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 28 September 2022 · Citation: (2022) 09 UK CK 0142

HON’BLE JUDGES
Vipin Sanghi, CJ · Ramesh Chandra Khulbe, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S/B) No. 510 Of 2019
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Judgment

10 paragraphs · 240 words

Vipin Sanghi, CJ

1) The petitioner was serving as Senior Accounts Officer with the State of Uttarakhand. The petitioner is aggrieved by the recovery order issued against the petitioner.

2) The substantial reliefs sought in the writ petition are the following :

“i) Issue a writ, order or direction in the nature of certiorari to quash the order dated 16.04.2018 (Annexure No. 1) passed by the respondent No. 1 so far as it relates to the petitioner.

ii) Issue a writ, order or direction in the nature of certiorari to quash the order dated 16.10.2017 (Annexure No. 2) passed by the respondent No. 1 so far as it relates to the petitioner.

iii) Issue a writ, order or direction in the nature of certiorari to quash the order dated 30.09.2019 (Annexure No. 3) passed by the respondent No. 5.

iv) 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.”

3) The said reliefs squarely fall for consideration within the jurisdiction of the Uttarakhand Public Services Tribunal.

4) Considering the fact that this petition is pending since the year 2019, and pleadings have been completed, we direct the Registry to transmit the complete record of the case to the Tribunal, which shall be registered as a claim petition by the Tribunal, and be dealt with accordingly.

5) Writ petition stands disposed of accordingly.