WPSS/191/2024
2024 Latest Caselaw 155 UK

Uttarakhand High Court

WPSS/191/2024 on 26 February, 2024

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPSS No.191 of 2024
                                  Hon'ble Pankaj Purohit, J.

Mr. Parikshit Saini, learned counsel for the petitioners.

2. Mr. Bhupendra Koranga, learned Brief Holder for the State.

3. Heard learned counsel for the parties.

4. By means of this writ petition, petitioners have sought a writ in the nature of certiorari quashing the order dated 09.02.2018 and 28.04.2018, annexure-2 & 3 to the writ petition respectively.

5. Petitioners were appointed as Assistant Teachers in Primary Schools at District Haridwar and on completion of requisite period, they were promoted to the post of Assistant Teacher in the upgraded school i.e. Junior High Schools in the year 2008. By the impugned order dated 28.04.2018 issued by respondent no.2 a direction has been issued to the District Education Officers to make sure recovery of excess payment paid to the petitioners and similarly situated persons, holding that excess amount was paid to them from the date of their promotion which actually was to be paid w.e.f. 01.04.2009.

6. Learned counsel for the petitioners contends that the amount was paid to the petitioners from the date of their actual

promotion and no excess amount has been paid to them.

7. On the last date, learned State Counsel was directed to seek instructions in the matter. A communique dated 23.02.2024 under the handwriting of Director, Elementary Education has been handed over in the Court.

8. The subject matter of this writ petition is squarely covered by a judgment rendered by a Co-ordinate Bench of this Court in WPSS No.990 of 2018 (Manoj Kumar vs. State) and batch decided on 06.11.2023.

9. In the communication dated 23.02.2024 supplied to the Court, respondent no.2 also admits that the facts of the present case are akin to that of WPSS No.990 of 2018.

10. Following the said ratio, present writ petition is allowed in part. The respondents are restrained from making any recovery from the petitioners pursuant to the impugned orders.

(Pankaj Purohit, J.) 26.02.2024 AK