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2025 DAILYLAW 4440 (UTT)

DR. SHRI KRISHNA SINGH v. UNION OF INDIA

WPSB/106/2017 · 2025-04-23

Ashish Naithani, Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:2938-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 No.106 of 2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. Mr. B.N. Molakhi, learned counsel for petitioner. 2. No representation for respondent. 3. Petitioner was appointed as Medical Officer, General Duty on contract in 12th Battalion, Indo Tibetan Border Police, Matali Uttarkashi vide order dated 04.09.2014. As per stipulation, made in appointment order, said appointment order was for a term of five years or till joining of regular incumbent or till he attains the age of 67 years. 4. By means of this writ petition, petitioner has sought the following reliefs:- “a. Issue a writ order or direction in the nature of Mandamus commanding the respondents to pay the enhance remuneration at the tune of Rs.60,000/- per month to the petitioner in accordance with the order dated 08.08.2014 passed by respondent no.4 i.e. Secretary, Ministry of Health and Family Welfare (CHS Division); b. Issue a writ order or direction in the nature of Mandamus commanding the respondents to pay the arrears of enhanced remuneration to the petitioner from the date of his 2025:UHC:2938-DB appointment to the said post i.e. 04.09.2014.” 5. In sum and substance contention of petitioner is that he is not paid the salary as per order dated 08.08.2014, issued by the Secretary, Ministry of Health and Family Welfare (CHS) Division) Nirman Bhawan, New Delhi (respondent no.3). Since petitioner has sought a writ of mandamus and he has made representation to the competent authority, for grant of salary as per Government Policy, therefore, we are of the considered opinion that ends of justice would be met if petitioner is permitted to make representation to the Director General, ITBP. 6. We, accordingly, dispose of the writ petition permitting petitioner to make representation to the Director General, ITBP within three weeks from today. If petitioner makes representation, claiming benefit of Government Order dated 08.08.2014, decision on his representation shall be taken by the Director General, ITBP within three months from the date of production of certified copy of this order alongwith copy of representation. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 23.04.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b6 6890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133 C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.04.24 18:07:14 +05'30' 2025:UHC:2938-DB