WPSS/2479/2024
2025 Latest Caselaw 1478 UK

Uttarakhand High Court

WPSS/2479/2024 on 2 January, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                                     2025:UHC:17
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                                       WPSS No. 2479 of 2024

                                       Hon'ble Rakesh Thapliyal, J.

1. Mr. Lalit Samant, learned counsel for the petitioners.

2. Mr. Jayvardhan Kandpal, learned Standing Counsel for the State.

3. By the instant writ petition the petitioners are praying for the following reliefs:

(i) Issue a writ, order or direction in the nature of mandamus, commanding/directing the respondents to provide benefit of A.C.P. to the petitioners from their respective due dates after computing their services rendered in Govt. Aided schools.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to provide all consequential service benefits to the petitioners after counting their services rendered in govt. aided schools in consonance with order dated 24.04.2024 passed in Special Appeal No. 290 of 2019 State vs. Mohan Chandra and Ors.

4. Learned counsel for the petitioners submits that the issue as raised in this writ petition are squarely covered by the Division Bench judgment dated 24.04.2024 passed in Special Appeal No. 290 of 2019 'State vs. Mohan Chandra and Ors.'.

5. Learned Standing Counsel for the State Mr. Jayvardhan Kandpal raised a preliminary objection that without approaching to the respondents the petitioner filed the instant petition praying for writ of mandamus. He submits until and unless the petitioner approaches the authorities by moving a representation no writ of mandamus can be issued.

6. I found force on the submission of learned Standing Counsel Mr. Jayvardhan Kandpal.

7. After arguing at length learned counsel for the petitioner submits that the petitioner may be given a liberty to move a representation.

8. In view of this, the writ petition is dismissed as withdrawn with the liberty to the petitioner to 2025:UHC:17 make a representation to respondent no. 1 giving all particulars including the judgment rendered by Division Bench of this court and if such a representation is made by the petitioner within ten days from today, the respondents are directed to decide such representation within one month thereafter in the light of the judgment passed by the Division Bench dated 24.04.2024 passed in Special Appeal No. 290 of 2019 'State vs. Mohan Chandra and Ors. by a reasoned and speaking order.

(Rakesh Thapliyal, J.) 02.01.2025 PR 2025:UHC:17