Uttarakhand High Court
Lalita Pathak & Others vs State Of Uttarakhand & Others on 19 April, 2023
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Writ Petition (S/S) No. 581 of 2022
Lalita Pathak & others ... Petitioner
Versus
State of Uttarakhand & others ... Respondents
Mr. B.M. Pingal, Advocate, for the petitioners
Mr. P.S. Bisht, learned Additional C.S.C. for the State
of Uttarakhand.
Mr. I.D. Paliwal, learned Standing Counsel for the
State of Uttar Pradesh.
19.04.2023
Hon'ble Manoj Kumar Tiwari, J.
1. Petitioners were appointed as House Visitor in
National Malaria Eradication Programme in Medical
Department of erstwhile State of Uttar Pradesh and,
subsequently, they were re-designated as Basic Health
Worker (Female). Petitioner nos.1 to 7 have
superannuated from service; while, petitioner nos. 8 to
15 are serving as Auxiliary Nurse Midwife in Medical
Department of State of Uttarakhand. According to them,
they had filed writ petition claiming revised pay scale
w.e.f. 01.07.1979, which was allowed and the matter
went upto Hon'ble Supreme Court, however, S.L.P. filed
by the State was dismissed. Thus, according to
petitioners, they are covered by the judgment rendered
in their writ petitions, therefore, denial of revised pay
scale to them, is unjust and improper.
2. The reliefs sought in the writ petition are as
follows:-
(i) Issue a writ, rule, order or direction in the nature of
mandamus commanding and directing the respondents to
pay arrear of revised pay scale w.e.f. 01.05.1995 to
30.06.2010 to the petitioners and the respondent authorities
may further be directed to refix the pension of the
petitioners no. 1 to 7 in accordance with revised pay scale
by granting the actual benefit to the petitioners in terms of
judgment and order dated 11.04.2017 as rendered by this
Hon'ble Court in batch confirmed by Division Bench of this
Hon'ble Court vide judgment and order dated 11.04.2017 or
to mould the relief appropriately, keeping in view the facts
highlighted in the body of the writ petition.
3. This Court vide order dated 12.04.2023
directed learned State Counsel to get instructions
regarding the submission made on behalf of petitioners
that the case is covered by judgment rendered by
Coordinate Bench, which was affirmed by Hon'ble
Supreme Court. Today, Mr. Pooran Singh Bisht, learned
Additional C.S.C. for the State of Uttarakhand has
produced in Court a letter dated 15.04.2023 issued by
Director General, Medical Health & Family Welfare,
Uttarakhand. In paragraph no. 2 of the said letter, it is
admitted that case of the petitioners is covered by
judgment rendered in WPSS No.1013 of 2015 and
Special Appeal No. 202 of 2018. In paragraph no.3 of
the letter, reference to a Government Order dated
02.12.2022 has been made. Perusal of the said
Government Order reveals that Government of
Uttarakhand has decided to release arrears of revised
pay scale between 09.11.2000 to 30.06.2010 to Health
Workers/Health Supervisor Women/Men (Working/
Retired) in two equal installments. The Director General,
in concluding paragraph of the aforesaid letter, has
stated that petitioners have been paid 50% of the
amount of arrears of revised pay scale.
4. Since the State Government has taken a
decision in principle to pay arrears of revised pay scale
to petitioners and 50% of the amount of arrears of
revised pay scale has already been released to
petitioners, the writ petition is disposed of with a
direction to respondent nos. 1, 2 & 3 to release the
remaining amount to petitioners on or before
30.10.2023.
(Manoj Kumar Tiwari, J.)
Aswal
