Mohd. Yameen vs Managing Director
2024 Latest Caselaw 879 UK

Uttarakhand High Court

Mohd. Yameen vs Managing Director on 7 May, 2024

Author: Pankaj Purohit

Bench: Pankaj Purohit

 HIGH COURT OF UTTARAKHAND AT NAINITAL

         Writ Petition (S/S) No.1764 of 2022

Mohd. Yameen                                  ....Petitioner
                             Versus

Managing Director, Uttarakhand
Transport Corporation Headquarter
Dehradun and others                         ....Respondents

                             With
         Writ Petition (S/S) No.1765 of 2022
         Writ Petition (S/S) No.1767 of 2022
         Writ Petition (S/S) No.1768 of 2022
         Writ Petition (S/S) No.1851 of 2022
         Writ Petition (S/S) No.1854 of 2022
         Writ Petition (S/S) No.1960 of 2022
         Writ Petition (S/S) No.1962 of 2022
         Writ Petition (S/S) No.1963 of 2022


Presence:-
     Ms. Neetu Singh and Mr. Vinod Chandra, learned
     counsel for the petitioner.
     Mr. Rajeev Singh Bisht, learned Additional Chief
     Standing Counsel with Mr. B.S. Koranga, learned Brief
     Holder for the State.
     Mr. Lalit Samant, learned counsel and Ms. Indu
     Sharma, learned counsel for the respondents.

Hon'ble Pankaj Purohit, J. (Oral)

Heard learned counsel for the parties.

2. Counter affidavit filed by the respondents are taken on record. Miscellaneous application (IA/1/2023) made therefor, is allowed.

3. Since common question of law and facts are involved in these writ petitions, therefore these are being heard and decided by this common judgment, however for the sake of brevity facts of WPSS No.1764 of 2022 alone are being considered and discussed.

4. By means of this writ petition, petitioners have sought indulgence of this Court for quashing the office order dated 11.11.2020 passed by respondent no.4 (Annexure No.1) and further a direction to quash the impugned revised pay fixation order dated 07.01.2022.

5. Petitioners were engaged on various posts from 1987 to 1990. They were duly retired from services of the respondent-Department from 2016 to 2022. By order dated 07.01.2022 the respondents re-fixed the pay scale of the petitioners and placed them in lower pay scale. The respondents vide impugned order dated 07.01.2022 recalculated pay of the petitioners from ₹46,200 to ₹40,400/- and paid the reduced salary till their superannuation i.e., 31.12.2020 and calculated the retiral dues of the petitioners on the basis of reduced salary.

6. The challenge raised in this writ petition is no longer res integra in view of the judgment passed by a Co- ordinate Bench of this Court in WPSS No.1593 of 2021 (Balam Singh Aswal Vs. Managing Director and others) and batch, which were decided by a common judgment dated 14.06.2022 which was affirmed by Division Bench of this Court in SPA No.245 of 2022 and batch vide judgment and order dated 04.04.2024, following the said ratio, the present petitions are allowed. The case of the petitioners shall abide by the aforesaid judgment and order dated 14.06.2022 affirmed vide judgment and order dated 04.04.2024 in Special Appeals as stated above.

7. Pending applications, if any, stand disposed of

accordingly.

(Pankaj Purohit, J.) 07.05.2024 SK