WPSS/1697/2024
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Uttarakhand High Court

WPSS/1697/2024 on 5 September, 2024

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                                                                                                                             2024:UHC:6433
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                                       WPSS No.1697 of 2024
                                       Hon'ble Pankaj Purohit, J.

Mr. Parikshit Saini, learned counsel for the petitioners.

2. Mr. Pradeep Hairiya, learned Standing Counsel for the State.

3. By means of this writ petition, petitioners have sought a writ in the nature of certiorari quashing the order dated 28.04.2018, passed by respondent no.2 (annexure no.1).

4. Petitioners were appointed as Assistant Teacher in Primary School and on completion of requisite period, they were promoted to the post of Assistant Teacher in the upgraded school i.e. Government Upper Primary School on 02.07.2010. By the impugned order dated 28.04.2018 issued by respondent no.2 a direction has been issued to ensure recovery of excess payment made to the petitioners holding that excess amount was made to them from the date of their promotion which actually was to be paid w.e.f. 01.01.2006.

5. 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.

6. 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. This fact is not disputed by the learned counsel for the State.

7. 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 order.

(Pankaj Purohit, J.) 05.09.2024 SK SHUBHAM

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

2.5.4.20=a29a2f80b93835a432d093afc472d9355959ee0ff878380c645e17d546a24

KAPRUWAN 821, postalCode=263001, st=UTTARAKHAND, serialNumber=B505B049BA2FDAC35E7AE325DEE1505D6C35AF3D290C229CDC6 09D61801E1E4F, cn=SHUBHAM KAPRUWAN Date: 2024.09.05 18:05:54 +05'30'