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2025 DAILYLAW 4515 (UTT)

INDER PAL SINGH v. STATE OF UTTARAKHAND

WPSB/328/2016 · 2025-04-21

Ashish Naithani, Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:2825-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. 328 of 2016 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. There is no representation on behalf of the petitioner. 2. Mr. Sudhir Kumar Nailwal, learned Standing Counsel for the State of Uttarakhand. 3. By means of this Writ Petition, petitioner has sought following reliefs:- “(a) Issue a writ, order or direction in the nature of certiorari for quashing the impugned orders dated 01.10.2015 and 21.10.2015 to the extent whereby the arrears of salary with all other benefits from the actual date of notional promotion i.e. on 26.10.2005 of grade-I post was not given to the petitioner. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondents to give the arrears of salary with all other benefits to the petitioner from the actual date of notional promotion i.e. on 26.10.2005 of grade-I post. ” 4. In terms of order dated 27.05.2015, passed by Co-ordinate Bench of this Court in Writ Petition (S/B) No. 461 of 2014, the Principal Secretary, Agriculture, granted notional promotion to Grade-I post to the petitioner with effect from 26.10.2005. Thereafter, the Director, Agriculture passed an order on 21.10.2015, whereby, the pay of petitioner was fixed at the appropriate level with the stipulation that petitioner will be given the salary of Grade-1 post from the date of his regular promotion. 5. In this petition, petitioner has challenged the aforesaid two orders passed by the Principal Secretary and Director, Agriculture. 2025:UHC:2825-DB 6. Petitioner contends that he should be given monetary benefits admissible for Grade-I post from the date of his notional promotion i.e. 26.10.2005. 7. The said contention cannot be accepted. As the name itself suggests, a person who is promoted notionally, is not entitled to monetary benefits from the date of his notional promotion. Notional promotion is granted for seniority etc., however one cannot claim salary/monetary benefits for the promoted post, if he is promoted only notionally. 8. The order dated 21.10.2015 passed by Director Agriculture unequivocally provides that petitioner shall be given pay scale admissible for grade-I post only from the date of his regular promotion. In view of such stipulation in the order, the claim staked by the petitioner for regular pay scale admissible for grade-I post is without any substance. 9. In such view of matter, the Writ Petition fails and is hereby dismissed. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 21.04.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5 aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7F F0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.04.22 18:23:57 +05'30'