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2025 DAILYLAW 10914 (UTT)

SHAILESH KUMAR v. STATE OF UTTARAKHAND

WPSS/1467/2025 · 2025-09-10

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS No. 1467 of 2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Shubham Dhariyal, Advocate for the petitioner. 2. Mr. Narain Dutt, Standing Counsel for the State of Uttarakhand. 3. According to the petitioner, he was engaged on contract as Disaster Management Officer at Nainital and he continued as such till April, 2025, however, he has not been paid salary for the period between October, 2024 to April, 2025. 4. By means of this writ petition, petitioner has sought the following reliefs:- “a. Issue writ, rule or direction in nature of the mandamus directing the respondents to pay salary to the petitioner from the month October 2024 to April 2025 as they were getting earlier along with arrears with 18% interest. b. Issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioner to continue with work on the post of District Disaster management Authority till a regular incumbent have been appointed on the said post. c. Issue a writ, order or direction in the nature of certiorari to quash the order dated 30.04.2025 passed by the District Magistrate, Annexure No- 8.” 5. Learned counsel for the petitioner submits that he has made representations for release of salary in which he had also enclosed evidence that he had actually served between October, 2024 to April, 2025, but no decision has been taken on such representations. 6. Learned State Counsel submits that petitioner be permitted to make fresh representation, which shall be decided as per law. 7. Accordingly, writ petition is disposed of by permitting petitioner to make fresh representation for salary. He shall be at liberty to enclose all evidence in support of his contention that he served continuously between October, 2024 to April, 2025. If petitioner makes such representation, within two weeks from today, the District Magistrate, Nainital shall take decision on the representation, within six weeks thereafter. If it is found that petitioner has discharged duties for the aforesaid period, then salary shall be released to him, within two weeks from passing of the order. (Manoj Kumar Tiwari, J.) 10.09.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046 f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A10381 9DA875643AF56D653D095C6ED9A86DAAB21C E5, cn=NAVEEN CHANDRA Date: 2025.09.12 10:47:51 +05'30'