Unknown vs State Of Uttarakhand And Others
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Uttarakhand High Court

Unknown vs State Of Uttarakhand And Others on 21 July, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

  HIGH COURT OF UTTARAKHAND AT NAINITAL
                  Writ Petition No. 1586 of 2022 (S/S)

 Har Singh
                                                                 ........Petitioner

                                     Versus

 State of Uttarakhand and others
                                                              ..... Respondents

 Present:-
        Mr. Harendra Belwal, Advocate for the petitioner.
        Mr. Narain Dutt, Standing Counsel for the State.


                                   Judgment

 Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioner seeks the

following reliefs:-

(i) Issue a writ, order or direction in the nature of certiorari calling for the record and quashing the impugned letter no. 2002/16 G.E. dated 28.08.2021 (Annexure No. 4 to the writ petition), issued by Executive Engineer, Provincial Division, Public Works Department, Nainital, District Nainital.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to refix and release the post retiral benefits in favour of the petitioner i.e. Gratuity, Pension and other post retiral benefits on the basis of last payment certificate or salary drawn by the petitioner at the time of his date of superannuation.

(iii) Issue a writ, order or direction in the nature of mandamus commanding the respondent department to award statutory interest, as payable under section 7(3) (A) of the Payment of the Gratuity Act, 1972.

(iv) Issue any suitable order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(v) To Award the cost of the writ petition to the petitioner."

2. Heard learned counsel for the parties and perused

the record.

3. It is the case of the petitioner that he worked with the

respondent Public Works Department since 1984. He retired from

service on 31.10.2020. After retirement, some of the post retiral dues

were paid, but ten months after the retirement of the petitioner, by an

order dated 28.08.2021, his salary was refixed without affording an

opportunity of hearing to him.

4. Learned counsel for the petitioner submits that the

salary of the petitioner has bee refixed and reduced ten months after

his retirement, without affording an opportunity of hearing, which is

bad in the eyes of law. He refers to the judgment of this Court passed

in Writ Petition No. 1862 (S/S) of 2003, Bhagirath Joshi and others v.

State of Uttaranchal and others.

5. In fact, in the case of Bhagirath Joshi (supra), reduction

of salary without affording an opportunity of hearing was quashed on

the that ground alone and this order passed in the writ petition was

upheld by the Division Bench of this Court in Special Appeal No. 181

of 2006, State of Uttaranchal & others v. Bhagirath Joshi & others. It

is submitted that, in fact, the SLP (Civil) CC 8529 of 2010, against the

judgments passed in Special Appeal No. 181 of 2006 has also been

dismissed.

6. Learned counsel for the petitioner submits that while

quashing the impugned order, the respondent authority may be

directed to reconsider the issue after affording an opportunity of

hearing to the petitioner.

7. Learned State Counsel submits that the petitioner may

be given an opportunity of hearing, as the personal opportunity of

hearing was not given to the petitioner. He submits that within four

weeks, the matter may be decided afresh.

8. The impugned order refixing the salary of the petitioner

has been passed without affording an opportunity of hearing to the

petitioner, therefore, it is set aside. The respondents shall give an

opportunity of hearing to the petitioner and thereafter pass an order,

which shall be duly communicated to the petitioner as well. This

exercise shall be completed within four weeks from today.

9. The writ petition stands disposed of accordingly.

(Ravindra Maithani, J.) 21.07.2025 Avneet/