Sarita Pundir vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Writ Petition has been filed with the following reliefs:-

(i) Issue a writ, order or direction in the nature of certiorari quashing the termination order dated 17.06.2015 passed by respondent no. 3 (contained as Annexure no. 8 to this writ petition).

(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to reinstate the petitioner in service along with continuity of service for all practicable purposes.

Heard Mr. Amar Shukla, learned counsel for the petitioner and Mrs. Anjali Bhargava, learned Addl. C.S.C. assisted by Mr. Sushil Vashistha, learned Standing Counsel for the State.

During the arguments, Mrs. Anjali Bhargava, Addl. C.S.C. for the State, submitted that the present matter relates to the conditions of service of a public servant, therefore, the petitioner has an alternate efficacious remedy to raise her grievances before the Uttarakhand Public Services Tribunal.

Mr. Amar Shukla, 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 for past five years.

The present Writ Petition (S/S No. 1620 of 2017) stands disposed of accordingly.