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2025 DAILYLAW 11078 (UTT)

RASHMI SHARMA v. STATE OF UTTARAKHAND

WPSS/1490/2025 · 2025-09-10

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8033 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1490/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. M.K. Ray, Advocate for the petitioner. 2. Mr. Dinesh Bankoti, Brief Holder for the State of Uttarakhand / respondents. 3. Petitioner is serving as Assistant Teacher in a Government Junior High School, Phoolbagh Center, Pant Nagar, Block Rudrapur, District Udham Singh Nagar. According to her, the respondents are contemplating to make recovery of the excess payment made to her as selection grade. 4. By means of this writ petition, petitioner has sought the following reliefs:- “(A) 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 30-08-2024 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. 7 to this writ petition). (B) 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 State Counsel refers to paragraph 8 of the writ petition, where it has been stated that without any notice or information, the respondents have started recovery. 2025:UHC:8033 6. Having regard to the facts of the case, the writ petition is disposed of with liberty to the petitioner to make representation, if recovery has started from her. In case, petitioner makes representation upon recovery of the amount, then the Competent Authority shall look into her grievance and take decision as per law, within four months from the date of receipt of such representation. (Manoj Kumar Tiwari, J.) 10.09.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f 031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC46 26D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.12 10:21:08 +05'30'