2025:UHC:3602-DB HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 570 of 2017 07 May, 2025 State Of Uttarakhand & others … Appellant Versus Avtar Singh Bisht & others … Respondents ---------------------------------------------------------------------- Presence:- Mr. D.S. Bora, learned Standing Counsel for the appellant Mr. C.S. Dalakoti, Advocate holding brief of Mr. Nalin Saun, learned counsel for respondent no. 1. Mr. B.S. Negi, learned counsel for respondent nos. 2 & 3. ---------------------------------------------------------------------- JUDGMENT Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. (Per: Hon’ble Manoj Kumar Tiwari, J.) 1. Heard learned counsel for the parties and perused the record. 2. State has filed this intra-court appeal challenging the judgment dated 04.05.2017 passed in WPSS No. 955 of 2009. Operative portion of the said judgment is reproduced below:- “The petitioner has discharged the duties of the higher post of Executive Officer, as admitted in the counter affidavit filed by respondent no. 2. Thus, petitioner is entitled for the salary of higher post of Executive Officer from due date as per Rule 22B Par 2 Vol.II to IV of Fundamental Rules contained in Financial Handbook Part2 Vol. II to IV. Accordingly, the writ petition is allowed. The impugned order dated 03.07.2009 (Annexure No. 4) is quashed and set aside. The respondents are directed to grant the salary/pay and allowances to the petitioner of the higher post of Executive Officer within a period of ten weeks from today.” 3. Learned counsel for the appellant submits that writ petitioner (respondent herein) was serving as 1 2025:UHC:3602-DB Accountant in Zila Panchayat, Uttarkashi; the person, holding officiating charge of Apper Mukhya Adhikari in Uttarkashi, was transferred to Tehri Garhwal, therefore, the writ petitioner was asked to discharge duties as Apper Mukhya Adhikari, Uttarkashi in addition to the duties of Accountant vide order dated 09.09.2004. It was mentioned in the said order that writ petitioner will not get any additional salary/remuneration for discharging duties as Apper Mukhya Adhikari. Learned State Counsel submits that Apper Mukhya Adhikari, as per Rules, is to be appointed through Public Service Commission and a person, who was simply assigned duties of Apper Mukhya Adhikari, for a short while is not entitled for regular salary and other allowances, admissible for the post, as have been granted by impugned judgment. 4. Per contra, learned counsel for respondent no. 1 submits that writ petitioner discharged duties, as Apper Mukhya Adhikari continuously from 2004 till his regular promotion as Apper Mukhya Adhikari on 23.09.2011; therefore, he was entitled to all monetary benefits, admissible for the post of Apper Mukhya Adhikari and learned Single Judge has rightly allowed the writ petition, challenging the order dated 03.07.2009 passed by Secretary, Panchayati Raj, whereby writ petitioner’s claim for salary and allowances was rejected. 5. It is not in dispute that the writ petitioner was assigned duties as Apper Mukhya Adhikari in 2004 by the Director, Panchayati Raj and he discharged duties as Apper Mukhya Adhikari continuously till 2 2025:UHC:3602-DB 23.09.2011. The reason assigned by the Secretary in the order dated 03.07.2009, impugned in the writ petition, are not satisfactory. However, the direction issued by learned Single Judge to grant salary and other allowances, for the post of Apper Mukhya Adhikari to the petitioner, does not appear to be correct, as the Competent Authority has to examine the issue in the light of applicable Rules and take a decision on the question of payment of salary for holding officiating charge of the higher post. 6. We, therefore, interfere with the direction issued to the Authorities to grant the salary & allowances for the post of Apper Mukhya Adhikari to the writ petitioner and we modify the impugned judgment by providing that the Competent Authority in the State Government shall re-examine the claim of the writ petitioner for salary and allowances for the post of Apper Mukhya Adhikari for the period he discharged duties of said post, uninfluenced by the order dated 03.07.2009, passed earlier, and pass a reasoned order, as per law, within six months from the date of production of certified copy of this order. 7. With the aforesaid direction, special appeal stands disposed of. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 07.05.2025 Aswal 3 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=eacc6757ee7881e933ff8934f07477005aa8 5f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D2 6F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.05.19 20:56:27 -07'00'