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2025 DAILYLAW 14698 (UTT)

MADHURI BAJPAYEE v. STATE OF UTTARAKHAND

WPSS/1773/2025 · 2025-11-03

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9677 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1773/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Sachin Kumar Sharma, learned counsel for the petitioners. 2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand. 3. Mr. N.S. Pundir, learned counsel for the respondent-Uttarakhand Transport Corporation. 4. Petitioner’s husband was employed as Driver in Uttarakhand Trnasport Corporation, who died while still in service on 04.01.2022. According to petitioner, benefit of 6th Pay Commission was not given to her husband, while the same was given to all other similarly situate employees. 5. By means of this writ petition, petitioner has sought the following relief:- (i) Issue a writ, order, direction in the nature of mandamus commanding and directing the respondent no. 2 & 3 to grant the petitioner the full benefits of the 6th Pay Commission effective from 01.01.2006, along with all arrears and applicable interest. 6. Learned counsel appearing for Uttarakhand Transport Corporation submits that even though petitioner has sought a writ of mandamus, but there is no document showing that she made a formal demand to the Competent Authority before approaching this Court. 7. Having regard to the facts of the 2025:UHC:9677 case, the writ petition is disposed of by permitting petitioner to make representation to Managing Director, Uttarakhand Transport Corporation, within three weeks from today. If petitioner makes representation within stipulated time, Managing Director shall consider her case for benefit of 6th Pay Commission and pass appropriate order, as per law, within four months from the date of production of certified copy of this order, along with representation. (Manoj Kumar Tiwari, J) 03.11.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b0 8d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4 F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.03 02:09:30 -08'00'