WPSS/2153/2023
2025 Latest Caselaw 2112 UK

Uttarakhand High Court

WPSS/2153/2023 on 18 February, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                                2025:UHC:1147
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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 1 5 3 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 (Annexure No.7); impugned audit report referred in the proceedings dated

05.02.2019 and 14.02.2019 (Annexure No.5 and 6) and impugned order dated July 2019 with consequential proceedings (Annexure No.8).

ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the arrear of salary as per revised scale in on account of 7th pay commission and also the arrears of salary w.e.f. 01.02.2019 to 09.03.2020 and other allowances to the petitioner without having regards to the impugned orders dated 05.02.2019, 14.02.2019, 27.05.2019 and 27.09.2019.

v. Issue a writ, order or direction in the nature of mandamus directing the respondents to release the retiral dues i.e. gratuity and leave encashment with interest w.e.f. 09.03.2020 as the salary of husband of Petitioner which he was drawing before reduction."

5. Learned counsel for the petitioner 2025:UHC:1147 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 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:1147