High CourtsDivision Bench(2022) 09 UK CK 0081

Nand Nandan Prasad Pandey vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 15 September 2022

HON’BLE JUDGES
Vipin Sanghi, CJ · R.C. Khulbe, J
CASE NUMBER
Writ Petition (S/B) No. 312 Of 2020

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Judgment

8 paragraphs · 179 words

Vipin Sanghi, CJ

1.

The petitioner has preferred the present Writ Petition to seek the following reliefs :-

“i) Issue a writ of certiorari quashing the impugned order dated 28.1.2019 passed by respondent no.2 (contained as Annexure No.1 to the writ petition).

ii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to pay entire gratuity and pension to the petitioner with 18% compound interest.”

2.

The petitioner falls within the definition of a public servant. The claim raised by the petitioner squarely falls for consideration by the Uttarakhand Public Services Tribunal.

3.

Considering the fact that the Writ Petition has been pending since 2020, and pleadings are complete, we direct the Registry to transfer the complete record of this Writ Petition to the Uttarakhand Public Services Tribunal. The Tribunal shall register the same as a Claim Petition, and deal with the same accordingly.

4.

Interim order shall continue to operate till the matter is taken up by the Tribunal.

5.

In sequel thereto, pending application, if any, also stands disposed of.