State Of Uttarakhand And Another. ... vs Shoorvir Singh
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Uttarakhand High Court

State Of Uttarakhand And Another. ... vs Shoorvir Singh on 13 May, 2025

                                                                    2025:UHC:3799-DB


      HIGH COURT OF UTTARAKHAND AT NAINITAL
    HON'BLE THE CHIEF JUSTICE MR. G. NARENDAR
                                             AND
                    HON'BLE SRI JUSTICE ALOK MAHRA
                                    13th MAY, 2025

               WRIT PETITION (SB)NO. 148 OF 2025
State of Uttarakhand and another.                              ......Petitioners
                                            Versus
 Shoorvir Singh                                                    .......Respondent
                                              &
               WRIT PETITION (SB)NO. 151 OF 2025
State of Uttarakhand and another.                              ......Petitioners
                                            Versus
 Subhash Chandra                                                   .......Respondent


Counsel       for     the   State   /   :      Mr. N.S. Pundir, learned Deputy
Petitioners                                    Advocate General.
Counsel for the respondents             :      Mr. Vinay Kumar & Ms. Sudha
                                               Tamta, learned counsel.


JUDGMENT :

(per Mr. G. Narendar, C.J.)

The short point involved in these petitions is that

the petitioners have sought for recovery of certain portion

of the pay paid to the respondents pursuant to their ad-hoc

promotions. The case of the petitioners is premised on the

ground that one of the conditions imposed while granting

ad-hoc promotion is that in case of their reversion, the

excess amount or portion of the pay, over and above their

pay in their original cadre, would be recovered.

2025:UHC:3799-DB

2. Having permitted the respondents to discharge

duties in a promotional post by way of an order of

promotion, it is needless to say that the occupant of the

post would be entitled to the pay that is attached to the

said post.

3. It is not the case of the petitioners that the

respondents were placed on in-charge basis, which would

have enabled the petitioners from not paying the equal pay.

4. The concept of 'equal pay for equal work' is no more

res integra. The respondents having discharged the duties

lawfully in the promotional posts on account of orders of

ad-hoc promotion issued by the petitioners, it not open to

the Authorities to now turn around and place reliance on a

condition imposed while granting promotion. It is not the

case of the petitioners that they have paid more than the

pay attached to the promotional posts.

5. In that view of the order and the reasoning of the

Tribunal being legally sustainable and not warranting any

interference, we do not perceive any necessity to retain the

instant petitions on board. Accordingly, the instant writ

petitions stand rejected.

2025:UHC:3799-DB

6. Pending application, if any, also stands rejected

accordingly.

________________

G. NARENDAR, C.J.

_____________ ALOK MAHRA, J.

Dt: 13th May, 2025 Rathour

PRAVIND Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

RA SINGH ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9 e3aeb1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40C

RATHOUR C6179B8E010331BA695239171F906FD5C45C4 E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.05.14 10:54:42 +05'30'