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Uttarakhand High Court
State Of Uttarakhand vs Bishan Singh Dhapola on 8 April, 2026
Author: Pankaj Purohit
Bench: Manoj Kumar Tiwari, Pankaj Purohit
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
WPSB No.654 of 2022
State of Uttarakhand, Secretary
Women Empowerment and Child
Development and another ..........Petitioners
Vs.
Bishan Singh Dhapola ..............Respondent
Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Pankaj Purohit, J.
Mr. J.C. Pande, learned S.C. for the
State/petitioners.
2. Mr. Amar Murti Shukla, learned counsel for the
respondent.
3. State has challenged the judgment dated 05.10.2021
rendered by Uttarakhand Public Service Tribunal in Claim
Petition No.90/NB/DB/2020, Bishan Singh Dhapola Vs.
State of Uttarakhand and others.
4. Relevant paragraphs of the said judgment is
reproduced as below:-
"10. Since the order impugned has already been set aside
by the Tribunal vide judgment and order dated 19.03.2020,
passed in Claim Petition No. 56/NB/DB/2019, Bishan Singh
Dhapola vs. State & others and connected claim petition,
therefore, a direction is given to the respondents to hold
Departmental Promotion Committees for the post of
Administrative Officer, Senior Administrative Officer and Chief
Administrative Officer to consider the promotion of the petitioner
on the above noted posts, from the dates his juniors were
promoted, as per law, within three months from the date of this
order. 'Sealed cover' procedure may be adopted in the event of
disciplinary proceedings being pending on the dates of DPCs.
So far as the determination of salary for the period of
suspension is concerned, this Tribunal is of the view that this
prayer of the petitioner should be considered in terms of Para 54-
B, Financial Handbook, Vol. 2 to 4, which reads as below:
"54-B (1) When a Government servant who has been
suspended is reinstated or would have been so reinstated but for
his retirement on superannuation while under suspension, the
authority competent to order reinstatement shall consider and
make a specific order-
(a) regarding the pay and allowances to be paid to the Government
servant for the period of suspension ending with reinstatement or
the date of his retirement on superannuation as the case may be;
and
(b) whether or not the said period shall be treated as a period
spent on duty.
The above noted provision of Financial Handbook (supra)
provides for a situation which the petitioner is faced with in
present claim petition. The competent authority shall, therefore,
consider and make a specific order regarding pay and allowances
to be paid to the petitioner for the period prayed for by him in
present claim petition.
12. Order accordingly.
13. The claim petition thus stands disposed of. No order as to
costs."
5. During course of the argument, we are informed that
pursuant to the judgment rendered by learned Tribunal,
respondent was given notional promotion on the post of
1.Administrative Officer 2.Senior Administrative Officer 3.
Chief Administrative Officer, vide order dated 02.01.2026.
6. Learned State counsel further submits that all the
retiral dues admissible to the respondent have also been
released to him.
7. Learned State counsel points out that respondent
retired from service on 30.04.2024.
8. Learned counsel for the respondent however submits
that respondent was given only notional promotion and
respondent is entitled to salary for the promoted post
which has not been given to him. He further submits that
difference of salary for the period of suspension has also to
be released to the respondent in terms of para no.11 of the
judgment rendered by learned Tribunal, which has also
not been paid so far.
9. Since the judgment rendered by the learned Tribunal
has been substantially complied with, therefore, we do not
find any reason to go into the correctness of that
judgment.
10. We however dispose of the writ petition by permitting
the respondent to approach the Competent Authority by
making a representation regarding his pending claims, if
any. If respondent makes a representation within two
weeks, decision thereupon shall be taken by the
Competent Authority, as per law, within four months.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)
08.04.2026
SK
