WPSS/660/2017 of BHUPAL SINGH JEENA Vs STATE OF UTTARAKHAND THROUGH SECRETARY on 23 December 2022

IN THE HIGH COURT OF UTTARAKHANDAT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

23[RD ]DECEMBER, 2022

WRIT PETITION (S/S) NO. 660 of 2017

Between:

Bhupal Singh Jeena

……..Petitioner

and

State of Uttarakhand and Others ..…Respondents Counsel for the Petitioner Counsel for the State : Mr. Harendra Belwal, Advocate. Advocate.

: Mr. Sushil Vashistha, Standing Counsel for the State. Standing Counsel for the State.

Hon’ble Alok Kumar Verma,J.

The present Writ Petition has been filed under Article 226 of the Constitution of India with the following reliefs:-

(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to treat the petitioner as a confirm employee in the pay scale of 950-1400 w.e.f. 18-12.1995 (from the initial appointment). mandamus commanding the respondents to treat the petitioner as a confirm employee in the pay scale of 950-1400 w.e.f. 18-12.1995 (from the initial appointment).

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay him all consequential benefits forthwith as and from when its become due. mandamus commanding the respondents to pay him all consequential benefits forthwith as and from when its become due.

(iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to give admissible pay scale to the petitioner as being drawn by his other counterparts in the department. mandamus commanding the respondents to give admissible pay scale to the petitioner as being drawn by his other counterparts in the department.

2. Heard Mr. Harendra Belwal, learned counsel for the petitioner and Mr. Sushil Vashistha, learned Standing Counsel for the State.

3. Mr. Sushil Vashistha, learned Standing Counsel for the State, submitted that the present matter relates to the conditions of service of a public servant, therefore, the petitioner has alternate efficacious remedy to raise his grievances before the Uttarakhand Public Services Tribunal.

4. Mr. Harendra Belwal, learned counsel for the petitioner, agrees to transfer the present matter to the Uttarakhand Public Services Tribunal.

5. 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.

6. 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.

7. The present Writ Petition (S/S No. 660 of 2017)

stands disposed of accordingly.

___________________

ALOK KUMAR VERMA, J.

Dated: 23[rd] December, 2022 Neha