WPSS/364/2023
2023 Latest Caselaw 825 UK

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                                  WPSS No. 364 of 2023

                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Abhishek Sati, learned counsel holding brief of Mr. D.K. Joshi, learned counsel for the petitioners.

Mr. P.S. Bisht, learned Additional C.S.C. for the State of Uttarakhand.

By means of this writ petition, petitioners have sought the following reliefs:-

i. To issue a writ, order or direction in the nature of mandamus declaring the action of the respondents in not granting the Promotion Pay Scale (Grade Pay of Rs. 5400/-) to the petitioners from due date, details whereof is given in Para 3 of the writ petition, as arbitrary, unreasonable and illegal.

ii. To issue a writ, order or direction in the nature of mandamus commanding the Respondens to forthwith grant the Promotion Pay Scale (Grade Pay of Rs. 5400/-) to the petitioners from due date, details whereof is given in Para 3 of the writ petition, along with arrears of the same. iii. To issue a writ, order or direction in the nature of mandamus commanding the Respodents to pay interest on the delayed payment of the aforesaid amount, at a rate to be specified by this Hon'ble Court.

iv. To issue a writ, order or direction in the nature of mandamus commanding the Respondents to grant all consequential benefits to the petitioners.

Learned counsel for the petitioners submits that the controversy involved in present writ petition has been decided by a judgment rendered by Coordinate Bench of this Court on 11.04.2017 in Writ Petition No.602 of 2014 (S/S).Thus, he submits that the present writ petition be decided in terms of the aforesaid judgment rendered by Co-ordinate Bench.

Mr. P.S. Bisht, learned Additional C.S.C. was asked to get instructions. Today, he has produced written instructions received from the office of Regional Additional Director of Education (Secondary), GarhwalRegion, PauriGarhwal, which are taken on record.

Perusal of the written instructions reveal that office of Additional Director of Education (Secondary), Garhwal Region, PauriGarhwal has also admitted the position that controversy involved in this writ petition is covered by judgment rendered by Co-ordinate Bench in WPSS No. 602 of 2014.

Accordingly, writ petition is decided in terms of the judgment dated 11.04.2017 rendered by Co-ordinate Bench of this Court in Writ Petition No.602 of 2014 (S/S).

(Manoj Kumar Tiwari, J.) 27.03.2023

PN/A-