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2025 DAILYLAW 3174 (UTT)

DR. DEV RAJ MISHRA v. STATE OF UTTARAKHAND

WPSB/421/2015 · 2025-04-28

Ashish Naithani, Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:3147-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/421/2015 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. 1. Mr. S.S. Yadav, learned counsel for the petitioner. 2. Mr. G.S. Negi, learned Additional C.S.C. for the State of Uttarakhand. 3. Petitioner was serving as Teacher in Radhey Hari PG College, Kashipur, Udham Singh Nagar at the time of filing of the writ petition. In this writ petition, petitioner has sought writ of mandamus to the State Government to fix selection grade and also to provide designation of Reader from due date, as has been given to his batchmates. 4. In the short counter affidavit filed by In-charge, Director, Directorate of Higher Education, following statement is made in para 4, which is extracted below:- “4. That vide G.O. No. 706/XXIV(7)/2015- 45(4)11T.C. dt. 16 November, 2015 the selection grade has been granted to the petitioner w.e.f. 26.01.2009 on the recommendation of the committee constituted for the purpose. A copy of the said order dt. 16 November, 2015 is enclosed as (Annexure No. -1).” 5. Learned State Counsel makes a statement, based on the averments made in para 4 of the short counter affidavit, that benefit of selection grade has been given to petitioner from due date. He thus, submits that the relief, as 2025:UHC:3147-DB claimed in the writ petition, do not survive. 6. Learned counsel for the petitioner also concedes that the benefit claimed has now been granted. 7. In such view of the matter, writ petition is disposed of in terms of the statement made in para 4 of the short counter affidavit. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 28.04.2025 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=eacc6757ee7881e933ff8934f07477005a a85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3 D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.04.30 10:22:01 -07'00' 2025:UHC:3147-DB