High CourtsDivision Bench(2022) 07 UK CK 0143

Itendra Kumar vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 27 July 2022

HON’BLE JUDGES
Vipin Sanghi, CJ · R.C. Khulbe, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S/B) No. 430 Of 2022

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Judgment

6 paragraphs · 213 words

Vipin Sanghi, CJ

1.

The petitioner has preferred the present writ petition to assail the order dated 21.10.2021 passed by the respondents, whereby the petitioner’s claim for regularization, after he has rendered thirty-four years of service, has been rejected.

2.

The case of the petitioner is that the said rejection is in utter breach of the principles of natural justice as he was not heard in the matter, and the facts and circumstances of this case have not been considered by the respondents. The petitioner also seeks a mandamus to the respondents to pass a formal order for confirmation and regularization of the petitioner, and to process his retiral benefits and grant the same.

3.

It is not in dispute that the petitioner has an alternative efficacious remedy to approach the Uttarakhand Public Services Tribunal to raise his grievances as raised in the present writ petition.

4.

We, therefore, dispose of this petition with liberty to the petitioner to approach the said Tribunal to raise his grievances. In case the petitioner files his claim petition within next two weeks, considering the fact that the petitioner is about to superannuate, his petition may be heard and decided within a period of nine months.

5.

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