High CourtsDivision Bench(2023) 06 UK CK 0001

Dr. Rinkan Singh vs State Of Uttarakhand & Another

Uttarakhand High Court · Decided on 5 June 2023

HON’BLE JUDGES
Vipin Sanghi, CJ · Rakesh Thapliyal, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S/B) No. 224 Of 2023

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Judgment

13 paragraphs · 320 words

Vipin Sanghi, CJ

1.

The petitioner has prayed following reliefs in this petition :

“i) Issue a writ or direction in the nature of certiorari to call for records and to quash the order dated 16.01.2014 (Annexure 13) & 22.01.2014 (Annexure 14) vide which the pay of the petitioner has been fixed without protecting the grade pay of the petitioner that the petitioner was drawing as Veterinary Officer.

ii) Issue a writ or direction in the nature of mandamus directing the respondents to grant pay protection to the petitioner by including Grade Pay of INR 5,400/- in the salary instead of INR 4,600/-.

iii) Issue a writ, order or direction in the nature of certiorari to call for records and quash the order dated 01.03.2017 (Annexure 22) vide which the petitioner has been refused grant of ACP by including duration of previous service.

iv) Issue a writ or direction in the nature of mandamus to confer the benefit of the ACP to the petitioner by including the services rendered on the post of Veterinary Officer.

v) Grant all and any ancillary service benefits to the petitioner.

vi) Graciously be pleased to pass any such other relief(s) as this Hon’ble Court may deem just and proper in the circumstances of this case.”

2) The petitioner is a public servant, and the reliefs sought by him squarely fall for consideration by the Uttarakhand Public Services Tribunal.

3) Accordingly, we are not inclined to entertain the present petition, and leave it open to the petitioner to approach the Tribunal.

4) Counsel for the petitioner states that Bench of the Tribunal at Dehradun, and not at Nainital, may entertain this petition due to petitioner’s convenience.

5) It shall be open to the petitioner to make such a request to the Tribunal, and the Tribunal may consider the same, if it is legally permissible.

6) The writ petition stands disposed of in the aforesaid terms.