2025:UHC:4832-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/31/2021 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Tapan Prakash Singh Takuli, Advocate for the petitioner. Mr. Sushil Vashisth, Standing Counsel for the State. 2. This writ petition is filed by Public Works Department Regular Work Charge Employees’ Union through its President, challenging judgment dated 15.12.2020, passed by Uttarakhand Public Service Tribunal, Bench Nainital, in Claim Petition No. 84/NB/DB/2020. By the said judgment, Claim Petition filed by the petitioner was dismissed as not maintainable. 3. Heard learned counsels for the parties and perused the record. 4. We do not find any infirmity in the judgment rendered by learned Tribunal, which may warrant interference. 5. As per U.P. Public Servants Tribunal Act, 1976, as applicable in State of Uttarakhand, only a public servant can file a Claim Petition before the Tribunal. “Public Servant” has been defined in Section 2(b) of the said Act, which is reproduced below: "2(b) "public servant" means every person in 2025:UHC:4832-DB the service or pay of- (i) the State Government; or (ii) a local authority not being Cantonment Board; or (iii) a local corporation owned or controlled by the State Government (including any company as defined in Section 3 of the Companies Act, 1956 in which not less than fifty per cent of paid up share capital is held by the State Government) but does not include- (1) a person in the pay or service of any other company; or (2) a member of the All India Service or other Central Services." 6. Section 4 of the said Act further provides that a person who is or has been a public servant may make a reference of claim to the Tribunal for the redressal of his grievance. 7. Since petitioner neither has been a public servant nor is a public servant, therefore the Claim Petition filed by the petitioner was not maintainable and the same was rightly dismissed by the Tribunal. 8. Thus there is no scope for interference. Writ petition fails and is dismissed. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 11.06.2025 Mahinder/ MAHINDE R SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca16 8979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD 4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.06.19 15:13:19 +05'30'