WPSB/335/2018
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Uttarakhand High Court

WPSB/335/2018 on 14 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                       2025:UHC:3878-DB
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                               WPSB No. 335 of 2018
                               Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Ashish Naithani, J.

Mr. M.S. Bhandari, Advocate for the petitioner.

2. Mr. Puran Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand.

3. Petitioner served as Lecturer in a minority institution, namely Dwarahat Inter College, which is receiving financial aid from the State Government. Petitioner retired from service on 31.03.2017. According to him, he discharged duties as Officiating Principal in the said college between 01.04.2016 to 31.03.2017, however, no monetary benefits has been paid to him for the services he discharged as Officiating Principal.

4. By means of this writ petition, petitioner has sought the following reliefs:-

"a) Issue a writ, order or direction in the nature of Mandamus commanding/ directing the respondents to grant the arrears of difference of salary of the post of Principal as per the provisions of Regulation - 2 (3) of Chapter II framed under The Uttaranchal School Education Act, 2006, as the petitioner has worked on the post of Officiating Principal with effect from 01.04.2016 to 31.03.2017.

b) Issue a writ, order or direction in the nature of Mandamus commanding / directing the respondents to re-fix the pension of the petitioner after granting the benefit of salary of the post of Principal and release the arrears of difference of salary forthwith alongwith interest."

5. The stand taken in the counter affidavit, filed by Chief Education Officer, is that since petitioner had not completed 2025:UHC:3878-DB ten years service on the post of Lecturer, therefore, he is not entitled for, the benefit of downgrade principal, as per the Regulations framed under Uttarakhand School Education Act, 2006.

6. Learned counsel for petitioner has drawn our attention to a Division Bench judgment rendered in Writ Petition (S/B) No. 428 of 2017, where Coordinate Bench had directed the State Government to pay salary for the post of Principal to the writ petitioner for the period 01.12.2011 to 31.01.2015.

7. Be that as it may, since the competent authority has to examine the claim of the petitioner as per applicable Rules, therefore, we are not inclined to go into merits of the case.

8. We, therefore, dispose of the writ petition by directing respondent no. 2 to examine petitioner's claim for monetary benefits for serving as Officiating Principal and also to consider his claim for re- fixation of pension, as per law, within five months from the date of production of certified copy of this order.

(Ashish Naithani, .J.) (Manoj Kumar Tiwari, .J.) 14.05.2025 Navin

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CHANDRA postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A10381 9DA875643AF56D653D095C6ED9A86DAAB21C E5, cn=NAVEEN CHANDRA Date: 2025.05.16 10:41:18 -07'00' 2025:UHC:3878-DB