Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 1788 (UTT)

DR. JANKISH CHANDRA SHANKHDHAR v. STATE OF UTTARAKHAND

WPSB/41/2019 · 2025-04-22

Ashish Naithani, Manoj Kumar Tiwari

body2025

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 JUDGES’S ORDERS WPSB No. 41 of 2019 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. Mr. Bhagwat Mehra, Advocate for the petitioner. 2. Mr. Sushil Vashistha, Standing Counsel for the State of Uttarakhand / respondent nos. 1 to 4. 3. Mr. Ishwari Dutt Paliwal, Standing Counsel for the State of Uttar Pradesh / respondent nos. 5 & 6. 4. Petitioner was appointed as Medical Officer in erstwhile State of Uttar Pradesh, on the recommendation made by U.P. Public Service Commission, vide order dated 01.01.1991. On the date of reorganisation, he was posted in District Haridwar. 5. Since petitioner opted for State of Uttar Pradesh, therefore, he was finally allotted by the Central Government to State of Uttar Pradesh. However, petitioner continued to serve in Uttarakhand even after his final allotment to State of Uttar Pradesh, till 14.07.2003. Thereafter, on petitioner’s request, he was permitted to serve in Uttarakhand by treating him to be on deputation, which status petitioner enjoyed till 04.10.2019, and thereafter, he was repatriated back to State of Uttar Pradesh. 6. In this writ petition filed in 2019, petitioner has sought the following reliefs:- “(i) To issue a writ order or direction in the nature of mandamus directing the Respondents, particularly Respondent No. 1 to 4 to forthwith grant all the service benefits to the Petitioner i.e. Annual Increments, Selection Grade of Pay, Promotional Pay Scale, ACP as well as Post Graduate Allowance and Deputation Allowance. (ii) To issue a writ order or direction in the nature of mandamus directing the Respondents, particularly Respondent No. 1 to 4 to forthwith release the amount of aforesaid benefits after necessary refixation along with the interest at the delayed payment, at a rate to be specified by this Hon'bie Court. (ii) To issue a writ order or direction in the nature of mandamus directing the Respondents, to grant all consequential benefits to the Petitioner.” 7. It was contended in the writ petition that even though petitioner is possessing M.D. (Paediatrics) degree and he is serving continuously in different Government hospitals to the satisfaction of his superior authority, however, he has not been paid the annual increment, non practicing allowance, PG allowance, selection grade of pay and other monetary benefits. 8. Coordinate Bench of this Court on 15.05.2019 passed a detailed order, pursuant to which, a sum of ` 11,33,872/- was paid to the petitioner. 9. Mr. Sushil Vashistha, learned Standing Counsel appearing for the State of Uttarakhand submits that State of Uttarakhand has released the entire amount, which was due to the petitioner, however, learned counsel for the petitioner disputes the said submission and submits that several benefits are yet to be paid to the petitioner. 10. Since the petitioner has now been repatriated to the State of Uttar Pradesh, therefore, the writ petition is disposed of with liberty to the petitioner to approach the Competent Authority by making a representation, staking claim for his outstanding dues, if any. If petitioner makes such representation, within three weeks from today, decision thereupon shall be taken by the Competent Authority, within three months from the date of receipt of representation. (Ashish Naithani, .J.) (Manoj Kumar Tiwari, .J.) 22.04.2025 Navin