Dilbagh Singh And Others vs State Of Uttarakhand And Others

Vipin Sanghi, CJ

The petitioners-who are twenty-two in number have preferred the present writ petition to assail the order dated 17.03.2020 (Annexure-2 to the writ petition). They further seek a direction to the respondents to grant the benefit of ACP, MCP and increments with arrears of three years. They also seek a direction to the respondents for counting of their past service.

The substantive relief Nos. 2 and 3, sought by the petitioners, read as follows:-

“ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the benefit of ACP, MCP and increments and its arrears of 03 years but the previous service be counted as a length of service and other increments be fixed revising and giving fresh look to re-fix and pay the same excluding the due arrears prior to rendered service of 03 years from the date of judgment i.e. 02.09.2019 be treated as cut-off date and fix the all admissible service benefits on the date since which 03 years starts and onwards till retirement and on that basis fix the pension revising it respectively to each petitioner.

iii. Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the arrears of leave encashment of about 300 days as depicted in the service book of each petitioner except petitioner no. 22 because he has already filed the Writ Petition No. 1691 (S/S) No. 2021 “Jainand Prasad Tyagi vs. State of Uttarakhand and others” for the same benefit of leave encashment of 300 days.”

The reliefs, sought by the petitioners in the writ petition, squarely fall within the domain of the Uttarakhand Public Services Tribunal to consider.

We, therefore, dispose of this petition with liberty to the petitioners to approach the said Tribunal.

The learned counsel for the petitioners submits that the petitioners are poor people and unable to engage another counsel, in case the Tribunal were to take-up the claim petition at Dehradun. He prays that this Court may direct the Tribunal to hear the claim petition at its Bench at Nainital.

We leave it open to the petitioners to make such a request before the Tribunal. It shall be for the Tribunal to decide as to where it could take-up the claim petition for hearing.

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