SURESH CHANDRA PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has applied for recalling the following order passed by the Bench on 13-8-87 :

(2.) ACCORDING to learned counsel for the petitioner U. P. Public Services Tribunal has no jurisdiction in the matter raised in this writ petition because Section 4 of the U. P. Public Services Tribunal Act, 1976 which is the only section under the Act enabling presentation of a claim before the Public Services Tribunal, does not apply to the petitioner. Consequently, the petitioner has no alternative remedy at the hands of the Public Services Tribunal. The writ petition should, therefore, be heard on merits by this Court. The learned counsel for the State controverted this contention.

(3.) RELEVANT ingredients of section 4, their meanings and implications need to be considered. (1) " Any person who is or has been a public servant " :- The petitioner was a " public servant " on the date of filing this writ petition inasmuch as he was holding the government post of Regional Employment Officer from before that date. Hence first requirement of section 4 is fulfilled. (2) " Claims that in any matter relating to employment as such public servant " :-Under this phrase all that is required is that a matter raised by a petitioner should relate to his employment as such public servant. It is not required that the petitioner should be a public servant in respect of that particular department in which he is making his claim. As the petitioner happens to be in employment as a public servant, being on the post of Regional Employment Officer, in the office of employment, his claim to another department (namely, Transport Department) even though made since the inception of his government service, will not take his claim to transport department outside the ambit of section 4. The words, " in any matter relating to employment as such public servant " widen the scope of section 4. The matter raised by him is to relate to nothing else but his employment and in no other capacity except as a public servant. These conditions are fulfilled in the instant case.