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2025 DAILYLAW 10609 (UTT)

RAMA SINGHAL v. STATE OF UTTARAKHAND

WPSS/1422/2025 · 2025-08-28

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:7640 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1422/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. M.K. Ray, learned counsel for the petitioner. 2. Mr. D.K. Bankoti, learned Brief Holder for the State of Uttarakhand. 3. Petitioner is serving as Assistant Teacher in a Government Junior High School in District Udham Singh Nagar. 4. By means of this writ petitioner, petitioner has sought the following reliefs:- (i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 4 to consider and decide the representation of the petitioner dated 28.08.2024 with regards to recovery of Rs. 17,140/- (Rs. Seventeen Thousand One Hundred and Forty only) granted to the petitioner on the Selection Pay Scale within a stipulated period. (Annexure No. 6 to the writ petition) (ii) Issue a writ, order or direction in the nature of Mandamus directing the Respondents not to recover any amount from the petitioner as per the law laid down by the Hon’ble Apex Court in the case of “State of Punjab Versus Rafiq Masih” reported in 2015-4- SCC-334. 5. Learned counsel for the petitioner submits that the writ petition may be disposed of by directing the Competent Authority to take decision on petitioner’s representation. 6. Having regard to the facts of the case, the writ petition is disposed of with 2025:UHC:7640 liberty to petitioner to make fresh representation to District Education Officer (Elementary), Udham Singh Nagar for ventilating her grievances, if any. If petitioner makes representation within ten days from today, District Education Officer (Elementary) shall take decision thereupon within two months thereafter. (Manoj Kumar Tiwari, J) 28.08.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512e a30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE5 8A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.28 04:52:46 -07'00'