High CourtsDivision Bench

Surendra Chandra Pathak vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 19 September 2022 · Citation: (2022) 09 UK CK 0099

HON’BLE JUDGES
Vipin Sanghi, CJ · R.C. Khulbe, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S/B) No. 100 Of 2020
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Judgment

7 paragraphs · 206 words

Vipin Sanghi, CJ

1.

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

“(I) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent authorities to correct the pay scale of the principal from the dated, the petitioner was appointed on the post of i.e. 12.07.1986 and the pay scale of the petitioner on the post of the officers and particularly at the time of retirement on the post of District Education Officer/Joint Director and correct the pension on the basis of that and fixed the pension correctly from the date of his retirement i.e. 28.02.2006.”

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.

The Writ Petition stands disposed of accordingly.

5.

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