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2025 DAILYLAW 1127 (UTT)

PUSHKAR DUTT JOSHI v. STATE OF UTTARAKHAND

WPSB/196/2017 · 2025-03-20

Ashish Naithani, Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:1946-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UWPSB/196/2017 UHon’ble Manoj Kumar Tiwari, J. UHon’ble Ashish Naithani, J. Mr. M.C. Kandpal, Senior Advocate assisted by Mr. Chitrarth Kandpal, Advocate for the petitioner. Mr. K.N. Joshi, Deputy Advocate General with Mr. Dinesh Bankoti, Brief Holder for the State. 2. Petitioner was the senior-most Lecturer in Government Intermediate College in District Pithoragarh, where the post of Principal fell vacant. Petitioner was given officiating charge as Principal in the said college vide order dated 28.05.2010 and he held the charge till 31.03.2012. 3. By means of this writ petition, petitioner has sought following relief:- “i. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent authorities to pay the arrears of the salary with interest to the petitioner for the post of the Principal from 2.6.2010 upto 31.3.2012 and also pay the arrears of the gratuity, leave encashment and rashi karan on the basis of the pay scale of Principal and further to direct the respondents to refix the pension of the petitioner and pay the pension and the arrears of the pension with interest in the pay scale of the Principal from 1.4.2012 till the date.” 4. Learned State Counsel submits that since petitioner has sought a writ of mandamus and has also made representation to the authorities 2025:UHC:1946-DB regarding salary difference, therefore, writ petition can be disposed of by directing Competent Authority, to take decision in the matter. 5. The writ petition is, accordingly, disposed of by directing Director of Education, Dehradun, to take decision on petitioner’s representation, as per law, within four months from the date of production of certified copy of this order. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 20.03.2025 Mahinder/