WPSS/1236/2023
2023 Latest Caselaw 1837 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
            THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                       14TH JULY, 2023

            WRIT PETITION (S/S) NO. 1236 of 2023

Between:

Krishna Swaroop Badoni                            ........Petitioner

and

State of Uttarakhand and Others                  .....Respondents

Counsel for the Petitioner        :      Mr. Anil Kumar      Joshi,
                                         Advocate.

Counsel for the              :          Mr. Atul Bahuguna,
Respondent                              Standing Counsel.

Hon'ble Alok Kumar Verma,J.

Petitioner was Assistant Teacher (L.T. Grade). He

had moved an application for voluntary retirement. The said

application was accepted vide order dated 25.01.2023 w.e.f.

31.01.2023.

2. Present Writ Petition has been filed under Article

226 of the Constitution of India with the following

prayers:-

"(I). Issue a writ of certiorari quashing the impugned order dated 20.02.2023 passed by Finance and Account Officer, School Education, Narendra Nagar, District Tehri Garhwal (respondent no.6) (contained as Annexure No.2) to this writ petition).

(II). Issue a writ of certiorari quashing the impugned order dated 06.06.2023 passed by

respondent no.5 (contained as Annexure No.3 to the writ petition).

(III). Issue a writ, order or direction in the nature of mandamus directing the respondents not to recover the amount sought by order dated 06.06.2023 and add the entire service rendered by petitioner in primary education for application of selection grade/promotional pay scale and other retiral benefits.

(IV). Issue any other or further writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(V). To award the cost of the petitions in favour of the petitioner."

3. Heard Mr. Anil Kumar Joshi, learned counsel for

petitioner and Mr. Atul Bahuguna, learned Standing

Counsel for State.

4. Mr. Anil Kumar Joshi, Advocate, has relied upon

a judgment of the Hon'ble Supreme Court passed in

"State of Punjab and Others vs. Rafiq Masih (White

Washer) and Others ", (2015) 4 SCC 334.

5. Mr. Atul Bahuguna, Standing Counsel, has

sought four weeks' time to file counter affidavit.

6. List on 18.09.2023.

7. Till then, impugned order dated 20.02.2023,

passed by respondent no.6 and order dated 06.06.2023,

passed by respondent no.5, are kept in abeyance.

___________________ ALOK KUMAR VERMA, J.

Dated: 14.07.2023 Neha