[Cites 3, Cited by 0]
Uttarakhand High Court
WPSS/1397/2022 on 23 March, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:2043
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS/1399/2022
With
WPSS/1397/2022
WPSS/1549/2022
Hon'ble Manoj Kumar Tiwari, J
1. Mr. Anup Kumar Verma Joshi,
learned counsel for the petitioners.
2. Mr. S.S. Chaudhary, learned
Standing Counsel for the State of
Uttarakhand.
3. Mr. Shailendra Singh Chauhan,
learned counsel for the respondent-
Nagar Palika Kichha.
4. Petitioners were engaged on
contract for discharging duties on
different Group 'C' posts in Nagar Palika
Parishad Kichha, between 2012-2015.
According to them, even though they
have been serving continuously to the
satisfaction of all concerned in Nagar
Palika Parishad, however, they are still
being paid ₹455/- per day as wages.
5. Since common questions of fact and
law are involved in the petitions,
therefore, these petitions are clubbed
together and decided by this common
judgment. However, for the sake of
brevity and convenience, facts of WPSS
No. 1399 of 2022 alone are being
considered and discussed.
6. It is submitted by learned counsel
for the petitioners that after serving for
more than a decade against sanctioned
vacant post, petitioners have earned
right to be considered for regularisation
2026:UHC:2043
and at any rate they cannot be denied
the benefit of minimum of pay scale.
7. By means of this writ petition,
petitioner has sought the following
reliefs:
(i) Issue a writ, order or direction in the nature of
certiorari calling for records and quash the order
dated 30.06.2022 contained in Annexure No. -
1 to the writ petition passed by the respondent
no. 1, which has been aimed for denying
benefits arising to the petitioner in the light of
the judgment of the Hon'ble Supreme Court
passed in the case of 'State of Punjab & others
Vs. Jagjit Singh & others' reported in (2017) 1
Supreme Court Cases 148 as well as in the
judgment of 'Sabha Shankar Dubey Vs.
Divisional Forest Officer & others' reported in
(2019) 12 Supreme Court Cases 297.
(ii) Issue a writ, order or direction in the nature of
mandamus commanding the respondent nos. 1
& 2 to pay the petitioner 'minimum of pay scale'
of Rs. 5200-Rs.20200 with grade pay of Rs.
2000 (21,700-69100 Level-3) as being paid to
the regular employee working on the post of
'Tax Collector/Tax & Revenue Moharir' on the
principle of 'equal pay for equal work'.
(iii) Issue a writ, order or direction in the nature of
mandamus commanding the respondents not to
show any displeasure towards the petitioner for
approaching Hon'ble court by way of the
depriving him from legitimate and law full claim.
8. Learned counsel for the petitioners
submits that Hon'ble Supreme Court has
recently in the case of Shah Samir
Bharatbhai & others vs State of Gujarat
& others, reported as 2025 SCC OnLine
SC 1788, directed for paying minimum of
pay scale. He also relies upon judgments
rendered by Hon'ble Supreme Court in
the case of State of Punjab & others vs.
Jagjit Singh & others, reported as (2017)
1 SCC 148 as well as Sabha Shankar
Dubey vs. Divisional Forest Officer &
others, reported as (2019) 12 SCC 297.
2026:UHC:2043
9. Mr. Shailendra Chauhan, learned
counsel appearing for the Nagar Palika
Parishad Kichha submits that if
petitioners have any grievance then they
can make representation(s) to the
Competent Authority.
10. The writ petitions are, accordingly,
disposed of by permitting petitioners to
make representations regarding
minimum of pay scale to the Executive
Officer concerned. If petitioners make
separate representations, claiming
minimum pay scale, within two weeks
from today, decision thereupon shall be
taken, as per law, within eight weeks
thereafter. It goes without saying that
Executive Officer shall re-visit the issue
and decide the claim of the petitioners,
untrammelled by any observation made
in earlier order dated 30.06.2022
impugned in these writ petitions.
(Manoj Kumar Tiwari, J)
23.03.2026
Aswal
NITI RAJ SINGH Digitally signed by NITI RAJ SINGH ASWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001,
ASWAL
st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL
Date: 2026.03.23 21:31:33 -07'00'
