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2025 DAILYLAW 3270 (UTT)

SHYAM LAL NAUTIYAL v. STATE OF UTTARAKHAND

WPSB/216/2017 · 2025-08-13

Manoj Kumar Tiwari, Subhash Upadhyay

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Judgment text

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2025:UHC:7132-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/216/2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. (Per: Hon’ble Manoj Kumar Tiwari, J.) Mr. Shubhang Dobhal, learned counsel for the petitioner. 2. Mr. Devendra Singh Bora, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner was an employee of State Education Department, who retired from the post of Principal on 30.06.2017. According to him, as per Government Policy, he was entitled to replacement scale on notional basis from 01.01.2006, which have not been given to him. 4. By means of this writ petition, petitioner has sought the following reliefs:- “(i) to declare non-payment of replacement scale pursuant to the government order dated 1-3-2009 by the State Govt. the petitioner as arbitrary and illegal. (ii) to issue a writ, order or direction in the nature of mandamus commanding / directing the respondent no. 1 to grant benefit of replacement scale to the petitioner in terms of government order dated 1-3-2009 for purpose of re-fixation of pension. (iii) to issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to revise the pension of the petitioner in view of the Govt. Decision enshrined in government order dated 01-03-2009 with all consequential benefits.” 5. Learned State Counsel submits that petitioner has made a representation, which is on record as Annexure-3 to the writ petition, therefore, the 2025:UHC:7132-DB Director, Secondary Education may be directed to look into the matter and take decision. 6. Having regard to the facts of the case, the writ petition is disposed of with liberty to petitioner to make fresh representation. If he makes such representation, claiming benefit of replacement scale within three weeks from today, Director, Secondary Education shall examine the matter and pass appropriate order, as per law, within four months thereafter. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 13.08.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006 da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87564 3AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.08.14 10:34:49 +05'30'