WPSS/2306/2023
2025 Latest Caselaw 2106 UK

Uttarakhand High Court

WPSS/2306/2023 on 18 February, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                       W PSS N o.2 3 0 6 of 2 0 2 3
                                       Hon'ble Rakesh Thapliyal, J.

1. Mr. Sanjay Bhatt, learned counsel for the petitioners.

2. Mr. Ramesh Chandra Joshi, learned Brief Holder for the State.

3. Mr. Rajesh Sharma, learned counsel for respondent Nos.3 to 6.

4. The petitioners are praying for the following reliefs:-

"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 27.05.2019 passed by the Secretary to the State of Uttarakhand (copy Annexure No.6 to the Writ Petition);

impugned orders dated 05.02.2019 and 14.02.2019 may be quashed (copy Annexure No.4 and 5 to the Writ Petition) and entire proceedings initiated pursuant to impugned notice dated 19.07.2019 (Annexure No.8) to this Writ Petition.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the salary and other allowances to the Petitioners without having regards to the impugned orders dated 05.02.2019, 14.02.2019, 27.05.2019 considering the fact that services of Petitioners were regularized w.e.f. 19.09.1991 in view of of Judgement of Hon''ble High Court of Judicature of Allahabad.

(iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to ensure payment of arrears of salary to the Petitioners from the month of February 2019 with interest."

5. Learned counsel for the petitioners submits that the issue as raised in this petition is squarely covered by the judgment rendered by the Coordinate Bench on 12.02.2025 in bunch of petitions, the leading one is WPSS No.446 of 2020, "Lalit Chandra Tiwari and Others versus State of Uttarakhand and Others".

6. Mr. Ramesh Chandra Joshi, learned Brief Holder for the State and Mr. Rajesh Sharma, learned counsel for the respondent Nos.3 to 6, have not disputed this fact that the issue as raised in this petition is squarely covered by the judgement rendered by the Coordinate Bench on 12.02.2025.

7. In view of the submission as advanced by learned counsel for the petitioners as well as the statement as given by the learned counsel for the respondents, the present writ petition is disposed of in terms of the judgment rendered by the Coordinate Bench in bunch of petitions leading one WPSS No.446 of 2020, "Lalit Chandra Tiwari and Others versus State of Uttarakhand and Others" decided on 12.02.2025.

(Rakesh Thapliyal, J.) 18.02.2025 R.Bisht