WPSS/2265/2023
2025 Latest Caselaw 2109 UK

Uttarakhand High Court

WPSS/2265/2023 on 18 February, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                                2025:UHC:1149
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       Date     or dir e ct ions                      COURT'S OR JUD GE'S ORD ERS
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                                       W PSS N o. 2 2 6 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.3 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.10 to the Writ Petition); impugned orders dated 05.02.2019 and 14.02.2019 may be quashed. (copy Annexure No.7 and 8 to the Writ Petition) along with consequential pay fixation of 2019 (copy Annexure No.9 to the Writ Petition).

ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to refix the pay scale of Petitioner treating his initial date of appointment as 19.09.1991 and consequently settle the retiral dues i.e. gratuity and leave encashment of Petitioner by ignoring the impugned orders and to ensure payment thereof along 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 2025:UHC:1149 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 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 petitioner 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 2025:UHC:1149