Extracted from the PDF above. The PDF is authoritative.
2025:UHC:9744-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Writ Petition (S/B) No.475 of 2025 04 November, 2025
Sachin Saxena
--------Petitioner
Versus
State of Uttarakhand and Others -------Respondents ---------------------------------------------------------------- Presence:- Ms. Indu Sharma, learned counsel for the petitioner. Mr. B.S. Parihar, learned Addl. C.S.C. for the State of Uttarakhand/ respondent nos.1,2 and 4. Mr. Mukesh Kumar Kaparuwan, learned counsel for respondent no.3. ----------------------------------------------------------------
JUDGMENT : (per Mr. Subhash Upadhyay J.)
Heard Ms. Indu Sharma, learned counsel for the petitioner, Mr. B.S. Parihar, learned Additional Chief Standing Counsel and Mr. Mukesh Kumar Kaparuwan,
learned counsel for respondent no.2.
2.
Petitioner has filed this writ petition for the following prayers:-
“i) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 28.05.2025 passed by respondent no.1 to the extent of (i) for seizure of three increment in the salary with cumulative effect, (ii) the censure entry for the misconduct year (contained as Annexure No.25 to this writ petition). ii) To issue a writ, order or direction in the nature of mandamus directing the respondents to grant all the consequential benefits as admissible to the
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2025:UHC:9744-DB
said post as per legitimate expectations of law.”
2.
Petitioner has challenged the order passed by the competent authority by which three increments have been withheld with cumulative effect and an order of censure entry has also been passed. The petitioner is a Government servant and as such he has an alternative remedy to approach the Public Service Tribunal for redressal of his grievance.
3.
In that view, the writ petition is dismissed on the ground of alternative remedy available to the petitioner. However, it is provided, that in case the petitioner approaches the Public Service Tribunal for redressal of his grievance within 15 days from today, the claim petition shall not be rejected on the ground of limitation.
4.
Writ petition stands ordered, accordingly. There shall be no order as to costs.
5.
Pending applications, if any, also stand disposed of accordingly.
(G. NARENDAR, C. J.)
(SUBHASH UPADHYAY, J.) Dated: 04.11.2025 R/SS
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