WPSS/1098/2021
2026 Latest Caselaw 825 UK

Uttarakhand High Court

WPSS/1098/2021 on 9 February, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                       2026:UHC:693
             Office Notes,
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      Date   or directions                 COURT'S OR JUDGE'S ORDERS
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                             WPSS/1098/2021
                             Hon'ble Manoj Kumar Tiwari, J

                                  Mr.   M.C.   Pant    (through     video
                             conferencing), Advocate for the petitioner.

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

                             3. Petitioner     was      given     ad-hoc
                             appointment as Assistant Teacher in a
                             Government     Aided   Higher    Secondary
                             School in the year 2003. His services were
                             subsequently regularised in the year 2006.

                             4. According to the petitioner, he is
                             entitled to selection grade, promotion pay
                             scale and other benefits, after taking into
                             account the services rendered by him in ad
                             hoc capacity before regularisation, however
                             the ad- hoc services are not being counted
                             for such benefit. The relief sought in the
                             writ petition is as follows:-
                                   "i. Issue writ rule or direction in the nature of
                             mandamus directing to the respondents to sanction

and pay the selection grade, G.P.F. provident fund, and group general insurance to the Petitioner from its due date with all consequential benefit including arrears of revised pay scale along with 18% interest or such amount which the Court deem fit and Proper, keeping in view the facts highlighted in the body of the petition or to mould the relief appropriately in favour of the petitioner after calling the entire record from the Respondents."

5. Since petitioner has sought a writ of mandamus without making representation, therefore, learned State Counsel is right in 2026:UHC:693

submitting that writ of mandamus cannot be sought without making a formal demand to the competent authority.

6. Having regard to the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of with liberty to petitioner to make representation to the competent authority regarding his claim for selection grade, promotion pay scale etc. If he makes representation within two weeks from today, decision thereupon shall be taken, as per law, within three months thereafter. It shall be open to the petitioner to raise all contentions in his representation.

(Manoj Kumar Tiwari, J) 09.02.2026 Navin NAVEEN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da8 2a131bb4e4403d3c0a15, postalCode=263001,

CHANDRA st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF 56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.02.10 09:49:10 +05'30'