ASHISH KUMAR v. STATE OF UTTARAKHAND THROUGH SECRETARY SCHOOL EDUCATION GOVT. OF U.K. DEHRADUN
WPSS/1969/2025 · 2025-11-24
Alok Mahra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14942 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14942 (UTT) · dailylaw.ai ]
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. 1969 of 2025 Hon’ble Alok Mahra, J.
Mr. Nivesh Bahuguna, learned counsel for the petitioner.
2. Mr. Narain Dutt, learned Standing Counsel for the State.
3. It is submitted by learned counsel for the petitioner that the petitioner has been illegally denied the benefit of Rule 13(i)(ii) of the Uttarakhand Government Servant Salary Rules, 2016, despite the same benefit having been extended to other similarly situated Lecturers. It is further submitted that the petitioner has already submitted a representation before the competent authority seeking the said benefit, which is still pending consideration.
Learned counsel therefore prays that the competent authority be directed to decide the petitioner’s representation within a stipulated period.
4. Per contra, learned State counsel submits that although the petitioner has sought a writ of mandamus, the representation relied upon by the petitioner is a joint representation submitted along with several other Lecturers. He submits that if the petitioner submits an independent and fresh representation before the competent authority, the same shall be duly examined and appropriate orders shall be passed strictly in accordance with law.
4. In view of the above, the writ petition is
disposed of with liberty to the petitioner to submit a fresh, separate representation before the Director, School Education (Secondary)/ respondent no. 2, claiming the benefit of Rule 13(i)(ii) of the Uttarakhand Government Servant Salary Rules, 2016, within a period of two weeks from today. In
the event such representation is submitted, the Director, School Education (Secondary)/respondent no. 2 shall consider the petitioner’s claim and pass a reasoned and speaking order, in accordance with law, within a period of seven months from the date of submission of the certified copy of this order.
5. Pending applications, if any, also stand
disposed of accordingly.
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(Alok Mahra, J.)
24.11.2025 Mamta