IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 19 of 2008 (S/B) State of Uttarakhand and another ….…… Petitioners. Versus The State Public Services Tribunal, Uttarakhand and another ………. Respondents Mr. Vinay Kumar, Standing Counsel for the State / petitioners. Mr. Jitendra Chaudhary, Advocate for respondent No. 2. Date of Judgment: 18.11.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble U.C. Dhyani, J. BARIN GHOSH, C.J. (ORAL) Respondent No. 1, Public Services Tribunal, Uttarakhand at Dehradun, is deleted from the array of parties to this petition. 2. It appears that the respondent was made to retire on 31st July, 1995. The respondent approached Public Services Tribunal, Uttar Pradesh at Lucknow, contending that he was wrongly retired on 31st July, 1995, when he had reached the age of 58 years, since, in accordance with the conditions of service governing his service, he was entitled to work upto the age of 60 years. 3. In the event the contention of the respondent is upheld, respondent could work upto 31st July, 1997. Therefore, the entire claim of the respondent was against the State of Uttar Pradesh and in relation to the said claim, State of Uttarakhand cannot be said to have incurred any obligation or liability. 4. Unfortunately, the said claim petition was transferred to the Public Services Tribunal, Uttarakhand at Dehradun. It appears that the Public Services Tribunal, Uttarakhand at Dehradun, despite having no jurisdiction in relation to service matters pertaining to the employees of the State of Uttar Pradesh and claims of such employees against the State of Uttar 2 Pradesh, decided the said matter in favour of the respondent, but despite such decision, respondent is nowhere, in as much as the said order is not enforceable against the State of Uttarakhand. 5. We, accordingly, set aside the judgment and order of the Public Services Tribunal, Uttarakhand at Dehradun, rendered in Claim Petition No. 37/T/2004, only on the ground that the Public Services Tribunal, Uttarakhand at Dehradun had no jurisdiction over the subject matter of controversy in the said claim petition. At the same time, we direct Public Services Tribunal, Uttarakhand to transfer the claim petition to Public Services Tribunal, Uttar Pradesh at Lucknow, where originally the claim petition was filed. 6. Public Services Tribunal, Uttarakhand at Dehradun is directed to effect transfer of the said claim petition, in terms of the directions as above, as quickly as possible, but not later than one month from the date of service of a certified copy of this order upon it. 7. This disposes of the writ petition. (U.C. Dhyani, J.) (Barin Ghosh, C.J.) 18.11.2011 18.11.2011 Amit