Girish Chandra Suyal vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers: -

“i) Issue a writ order or direction in the nature of mandamus directing the respondents to re-fix the salary of the petitioner as per the Government order dated 1.7.2013 and grant the benefit of third A.C.P. from the date when the petitioner completed 26 years of satisfactory service.

ii) Issue a writ order or direction in the nature of mandamus directing the respondents to ensure that the petitioner may not get less salary/ pay scale to his juniors on date of his superannuation.

iii) Issue a writ order or direction in the nature of mandamus directing the respondents to grant the arrear of salary after re-fixing/ calculating the pay scale as per the Government orders till the superannuation of the petitioner.

iv) Issue a writ order or direction in the nature of mandamus directing the respondents to sanction and release the pension as per the re-fixation of the salary with arrears from the date of superannuation.

v) Issue a writ order or direction in the nature of mandamus directing the respondents to grant the retiral benefits i.e. gratuity, leave encashment and other dues as per the re-fixation of the salary.

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

vii) To award the cost of the petition in favor of the petitioner.”

Heard Mr. Bhagwat Mehra, learned counsel for the petitioner and Mr. T.S. Bisht, learned Deputy Advocate General for the State.

During the arguments, Mr. T.S. Bisht, learned Deputy Advocate General for the State, submitted that the present writ petition relates to the condition of service of a public servant, therefore, the petitioner has efficacious alternative remedy to raise his grievances before the Uttarakhand Public Services Tribunal.

Mr. Bhagwat Mehra, learned counsel for the petitioner, agrees to transfer the present matter to the Uttarakhand Public Services Tribunal.

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.

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 since 2017.

The present Writ Petition No. 3172 of 2017 (S/ S) stands disposed of accordingly.