Shankuntala vs State Of Uttarakhand And Others

Ravindra Maithani, J

By means of the instant writ petition, petitioner seeks the following reliefs:-

"(i) issue a Writ, or direction in the nature of Mandamus commanding the respondents to immediately pay the outstanding amount of GPF of the petitioner with 18% interest thereon till the date of payment.

(ii) issue a Writ, order or direction in the nature of Mandamus commanding the respondents to pay the 18% interest on delay the payment of all retirement dues of the Petitioner.

(iii) issue a Writ, order or direction in the nature of Mandamus commanding the respondents to pay Rs.15,000/- as cost of this litigation.

(iv) Pass any other and further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

It is the case of the petitioner that having served with the respondents department, she retired on 31.03.2016. But her retiral dues has yet not been paid.

Heard learned counsel for the parties and perused the record.

At the very outset, the Court wanted to know from the learned counsel for the petitioner, as to why should this Court entertain the writ petition under Article 226 of the Constitution of India, in view of the availability of alternate efficacious remedy from the State Public Services Tribunal, as constituted under the Uttar Pradesh Public Services (Tribunal) Act, 1976.

Learned counsel for the petitioner would submit that petitioner may be given liberty to submit a fresh representation to the respondents within a period of 10 days from today with further directions to the respondents, to take decision on the representation within the stipulated time.

Learned State counsel gives a statement that in case, such a representation is made by the petitioner, a decision will be taken on it within a period of two months from the receipt of the representation.

The Court takes on record the statement given by the learned State counsel.

The writ petition is disposed of with the liberty to the petitioner to make a fresh representation to the respondents within a period of 10 days from today with further directions to the respondents that upon such representation having been made, that shall be decided within a period of two month thereafter. But, in case, the dispute is still not resolved, even after consideration of the representation, any writ petition, on the subject, shall not be entertained by this Court merely on the ground that it is in sequel to the instant writ petition.