Vijay Mamgain And Others ... vs State Of Uttarakhand And Others
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Uttarakhand High Court

Vijay Mamgain And Others ... vs State Of Uttarakhand And Others on 10 March, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL
              Writ Petition No. 319 of 2025 (S/S)
Vijay Mamgain and others                               ..........Petitioners
                          Vs.
State of Uttarakhand and others                       ........ Respondents
Present :     Mr. M.C. Pant, Advocate for the petitioners.
              Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the
              State of Uttarakhand/respondent no.1.
              Mr. Virendra Singh Rawat, Advocate holding brief of Mr. Lalit
              Samant, Advocate for respondent nos.2 and 3.


                                 JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the

petitioners seek the following reliefs:-

"I. Issue writ, rule or direction in the nature of Certiorari to quash the Letter No.642/HQ/Misc.Related/2023 dated 21.12.2023 (Annexure No.1), vide which the Respondents have rejected the representation of the petitioners seeking the refixation of pay scale pursuant to the 6th Pay Commission, regarding retired dues and gratuity as the same is arbitrary, unreasonable and bad in law along with its effect and operation also after calling the entire record from the respondent.

II. Issue writ, rule or direction in the nature of Mandamus by directing the Respondents to grant the difference amount of gratuity and other retired dues on the basis of refixation of pay scale as per 6th pay commission at part of the similarly situated employees and also to direct the respondent to pay the interest at the rate of 18% on the same keeping in view the fact highlighted in the body of the petition.

III. Pass any other order(s)/directions in favour of the Petitioner which the Court deems fit and proper in the facts and circumstances of the case and in the interest of justice.

IV. Award the costs of the petition."

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the petitioners would

submit that the issue has already been decided by this

Court in WPSS No.576 of 2011, Jagdamba Prasad and

others vs. State of Uttarakhand and others, which was

initially decided on 07.07.2014, and clarified on

26.05.2023.

4. Learned counsel for the respondents admit

these facts.

5. Since, the matter is covered, instant petition is

decided in terms of the judgment passed in WPSS No.576

of 2011, Jagdamba Prasad and others vs. State of

Uttarakhand and others, which was initially decided on

07.07.2014, and clarified on 26.05.2023.

(Ravindra Maithani, J.) 10.03.2025 Sanjay