Uttarakhand High Court
WPSS/2076/2023 on 18 February, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office N ot e s,
r e por t s, or de r s
or pr oce e dings
SL.
Date or dir e ct ions COURT'S OR JUD GE'S ORD ERS
N o.
a nd Re gist r a r 's
or de r w it h
Signa t ur e s
W PSS N o.2 0 9 5 of 2 0 2 3
Hon'ble Rakesh Thapliyal, J.
1. Mr. Sanjay Bhatt, learned counsel for
the petitioner.
2. Mr. Ramesh Chandra Joshi, learned
Brief Holder for the State.
3. Mr. Rajesh Sharma, learned counsel
for respondent Nos.2 to 5.
4. The petitioner is 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).
(ii) Issue a writ, order or direction in the
nature of certiorari declaring the impugned
audit report referred in the proceedings
dated 05.02.2019 and 14.02.2019 as
illegal, arbitrary and against the dictum of
Hon'ble Allabahad High Court and
consequently both the impugned orders
dated 05.02.2019 and 14.02.2019 may be
quashed. (copy Annexure No.4 and 5 to
the Writ Petition).
(iii) Issue a writ, order or direction in the
nature of certiorari to quash the impugned
speaking orders dated 23.12.2019 with
consequential proceedings Annexure No.7
to this Writ Petition.
(iv) 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 and 27.09.2023, considering
the fact that services of Petitioners were
regularized w.e.f. 19.09.1991 in view of
Judgement of Hon''ble High Court of
Judicature of Allahabad and consequently
settle the retiral dues.
(v) Issue a writ, order or direction in the
nature of mandamus directing the
respondents to ensure payment of arrears
of salary to the Petitioner from the month
of February 2019 with interest."
5. Learned counsel for the petitioner
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.2 to 5, 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
