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2025 DAILYLAW 12796 (UTT)

BALAM SINGH NEGI v. STATE OF UTTARAKHAND THROUGH PRINCIPAL SECRETARY FOREST, GOVERNMENT OF U.K. DEHRADUN

WPSS/2017/2023 · 2025-02-18

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:1121 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. 2017 of 2023 Hon’ble Rakesh Thapliyal, J. 1. Mr. Sanjay Bhatt, learned counsel for the petitioner. 2. Mr. Ramesh Chandra Joshi, learned Brief Holder for the State. 3. Mr. Rajesh Sharma, learned counsel for respondent Nos.3 to 5. 4. The petitioner is praying for the following reliefs:- “i. Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 27.05.2019 passed by the Secretary to the State of Uttarakhand (copy Annexure No.18 to the Writ Petition). ii. Issue a writ, order or direction in the nature of certiorari declaring the impugned audit report referred in the proceedings dated 05.02.2019 and 14.02.2019 as illegal, arbitrary and against the dictum of Hon’ble Allabahad High Court and consequently both the impugned orders dated 05.02.2019 and 14.02.2019 may be quashed. (copy Annexure No.11 and 12 to the Writ Petition). iii. Issue a writ, order or direction in the nature of certiorari to quash the impugned speaking order dated 16.10.2019 with consequential proceedings Annexure No.19 to this Writ Petition. iv. Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the salary and other allowances to the Petitioner without having regards to the impugned orders dated 05.02.2019, 14.02.2019, 27.05.2019 and 27.09.2019, considering the fact that services of Petitioner were regularized w.e.f. 19.09.1991 in view of Judgement of 2025:UHC:1121 Hon’’ble High Court of Judicature of Allahabad. v. Issue a writ, order or direction in the nature of mandamus directing the respondents to ensure payment of arrears of salary to the Petitioner from the month of February 2019 with interest.” 5. Learned counsel for the petitioner submits that the issue as raised in this petition is squarely covered by the judgment rendered by the Coordinate Bench on 12.02.2025 in bunch of petitions, the leading one is WPSS No.446 of 2020, “Lalit Chandra Tiwari and Others versus State of Uttarakhand and Others”. 6. Mr. Ramesh Chandra Joshi, learned Brief Holder for the State and Mr. Rajesh Sharma, learned counsel for the respondent Nos.3 to 5, have not disputed this fact that the issue as raised in this petition is squarely covered by the judgement rendered by the Coordinate Bench on 12.02.2025. 7. In view of the submission as advanced by learned counsel for the petitioners as well as the statement as given by the learned counsel for the respondents, the present writ petition is disposed of in terms of the judgment rendered by the Coordinate Bench in bunch of petitions leading one WPSS No.446 of 2020, “Lalit Chandra Tiwari and Others versus State of Uttarakhand and Others” decided on 12.02.2025. (Rakesh Thapliyal, J.) 18.02.2025 R.Bisht 2025:UHC:1121