WPSB/541/2024
2024 Latest Caselaw 2640 UK

Uttarakhand High Court

WPSB/541/2024 on 14 November, 2024

Bench: Manoj Kumar Tiwari, Vivek Bharti Sharma

                                                                                             2024:UHC:8489-DB
                     Office Notes,
                    reports, orders
SL.                 or proceedings
         Date                                                COURT'S OR JUDGES'S ORDERS
No                 or directions and
                   Registrar's order
                    with Signatures
      14.11.2024                       WPSB No. 541 of 2024
                                       Hon'ble Manoj Kumar Tiwari, A.C.J.
                                       Hon'ble Vivek Bharti Sharma, J.

1. Mr. Anil Kumar Bisht, learned counsel for petitioner.

2. Mr. B.S. Parihar, learned Standing Counsel for State of Uttarakhand/ respondents.

3. By means of this Writ Petition, petitioner has sought the following reliefs :

"I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents, particularly respondents no. 2 and 3 to grant one increment to the petitioner, which is due to him on 01.01.2029 for the services rendered by him from 01.01.2018 to 31.12.2018 and accordingly re-fix the pension and other retiral dues and thereby release the arrears of the same.

II. Issue a writ order or direction in the nature of mandamus commanding the respondents to decide the representation dated 16.05.2024 of the petitioner (annexure no.3).

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

IV. Award the cost of Petition in favor of the petitioner."

4. According to petitioner, his increment was due on 01.01.2019, while he retired on 31.12.2018. Due to this reason, he was denied benefit of increment. He submits that, in view of the judgment rendered by Hon'ble Supreme Court in the case of The Director (Admn. and HR) KPTCL & Ors. v. C.P. Mundinamani & Ors., 2023 SCC OnLine SC 401, petitioner is entitled to increment for the relevant year.

5. Learned State Counsel was given time to get instructions. Today, on instructions, he submits that petitioner's matter has been referred to State 2024:UHC:8489-DB

Government, and Secretary of the concerned department would take a decision on petitioner's claim, in the light of law declared by Hon'ble Supreme Court, within two weeks.

6. The Writ Petition is, accordingly, disposed of by taking the statement made by learned State Counsel on record. The Secretary, Secondary Education shall examine petitioner's claim in the light of the law on the point, and take decision within two weeks from the date of production of certified copy of this order.

7. Pending application(s), if any, also stand disposed of accordingly.

(Vivek Bharti Sharma, J.) (Manoj Kumar Tiwari, A.C.J.) 14.11.2024 14.11.2024 Rahul

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c84 8741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCAD15 C390A1AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2024.11.19 16:34:09 +05'30'