IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 880 of 2001 (S/B) Dr. Narendra Kumar Aggarwal, S/o Shri Rajendra Prasad, R/o Moh. Kazi Bagh, Kashipur, Distt. Udham Singh Nagar (Uttaranchal). ………. Petitioner Versus State of Uttaranchal, Through Secretary, Health, Dehradun & others ……….. Respondents Mr. Pankaj Miglani, learned counsel for the petitioner. Ms. Beena Pandey, learned Standing Counsel (U.P. Government). Hon’ble V.S. Sirpurkar, C.J., Hon’ble P.C. Verma, J. In this writ petition, the petitioner has sought for a writ of mandamus directing the respondent – Government of fix the last salary and also settle the pre and post retrial benefits including the pension on the basis of the last day of duty being 23.2.2000. This writ petition was filed on 12.10.2001. At the outset, learned Government Advocate made a statement that the dues, as per the calculations made by the State of U.P., have all been paid. However, learned counsel for the petitioner says that the calculations are incorrect and much more payment, than what has been made, was due to be paid to the petitioner. In the first place, this writ petition, itself, was not maintainable because there is nothing in the writ petition to suggest as to why the petitioner had not exhausted his remedy before the U.P. Public Service Tribunal under the U.P. Public Service Tribunal Act. Be read as it may, however, since the payment has already been made as per the Government counsel, there will be no question of entertaining this writ petition and going further with it. If the petitioner has any grievance regarding the calculations, he may approach the Tribunal, if he is so entitled to do so in law. 2 Writ Petition is dismissed. No order as to costs. (P.C. Verma, J.) (V.S. Sirpurkar, C.J.) Dt. 26.07.2004 G