Nalin Pant vs State Of Uttarakhand And Others

Ravindra Maithani, J

The petitioner seeks the following reliefs:-

“i. Issue a writ, order or direction in the nature of Mandamus directing the respondents to release the dues as well as retiral benefits of deceased

Late Sri Dipin Pant brother of the petitioner form the date when the brother of the petitioner Late Dipin Pant was died i.e. on 24.02.2016 alongwith

18% interest.

ii. 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.

iii. Award the cost of the petition in favour of the petitioner.â€​

Heard learned counsel for the petitioner and the State counsel and also heard learned counsel for respondent no. 2 and 3 through video

conferencing and perused the record.

This Court requested learned counsel for the petitioner to tell as to why this writ petition should be entertained under Article 226 of the Constitution

of India, in view of existence of State Public Services Tribunal as constituted under the Uttar Pradesh Public Services (Tribunals) Act, 1976.

Learned counsel for the petitioner very fairly conceded that this matter may be entertained by the State Public Services Tribunal, but he seeks

indulgence that directions may be issued to the Tribunal to consider the claim of the petitioner expeditiously.

The dispute is related to the service matter, which can very much be entertained by the State Public Services Tribunal and the petitioner can avail

efficacious remedy from there. Therefore, this Court is of the view that the instant writ petition may not be entertained under Article 226 of the

Constitution of India and is liable to be dismissed.

The writ petition is dismissed accordingly.