SPA No. 272 of 2008 Hon'ble Prafulla C. Pant, J. Hon’ble B.S. Verma, J. Heard Sri Rakesh Thapliyal, learned counsel for the appellants and Sri P.C. Bisht, Brief Holder for the State. This appeal is directed against the order dated 15.09.2008, passed by learned Single Judge of this Court in Writ Petition No. 470 (S/S) of 2005, whereby said writ petition has been dismissed on the ground that the petitioners have an alternative remedy before the State Public Service Tribunal, Uttarakhand. Learned counsel for the appellants (writ petitioners) argued that the petitioners are not government servants. They are retrenched employees from a public sector undertaking, namely, Uttar Pradesh Carbide and Chemical Limited, who are seeking absorption under the Rules of 1991. It is further contended that in view of Section 2(b) read with Section 2(bb) of U.P. Public Services (Tribunal) Act, 1976, the petitioners being not public servants are not challenging any order passed by the authorities with whom they earlier served. It is further contended that as such the petitioners have no alternative efficacious remedy with the Public Service Tribunal. Section 4 of the U.P. Public Services (Tribunal) Act, 1976 provides that a person who is or has been a public servant and is aggrieved by an order pertaining to a service matter within the jurisdiction of Tribunal may make a reference of claim to the Tribunal for redressal of his grievances. Having heard learned counsel for the parties and after going through the papers on record, we find that it was not just and proper on the part of the learned Single Judge to throw the petition after three years of its institution, on technical ground, that too in the circumstances discussed above. Therefore, the appeal is allowed, the order dated 15.09.2008, passed by learned Single Judge in Writ Petition No. 470 (S/S) of 2005 is set aside. The writ petition shall be heard on merits by the Single Judge. (B.S.V., J.) (P.C.P., J.) 25.02.2009 NS