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2025 DAILYLAW 5524 (UTT)

BEENA GAUR v. STATE OF UTTARAKHAND

WPSS/623/2025 · 2025-04-24

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 623 of 2025 (S/S) Beena Gaur ….......Petitioner Versus State of Uttarakhand and others …..... Respondents Present : Mr. D.S. Mehta, Advocates for the petitioner. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State/respondents. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) By means of the instant petition, the petitioners seek the following reliefs:- “i. Issue a writ, order or direction in the nature of Certiorari Quashing and setting aside the impugned communication dated 03.01.2025 issued by the Chief Education Officer, Pauri Garhwal, being arbitrary, mechanical, and passed without application of mind, ii. Issue a writ, order or direction in the nature of Mandamus commanding the Respondent authorities to grant the Petitioner the promotional pay scale with grade pay of Rs.5400/- and to release all arrears of salary due to the Petitioner from the date of her eligibility along with interest at the prevailing bank rates till the date of actual payment. iii. Direct the Respondent authorities to consider the Petitioner’s representation dated 05.12.2024 (Annexure No.5) in accordance with law and applicable government policies, taking into account the judgment in “Nidhi Raturi vs. State of Uttarakhand” (WPSS No.745 of 2024); iv. Pass any other order or direction which this Hon’ble Court deems fit and proper in the facts and circumstances of the case; v. Award the cost of the writ petition in favour of the Petitioner.” 2. Heard learned counsel for the parties and perused the record. 3. Learned cousnel for the petitioner would submit that similar controvery has already been decided by this Court on 2 08.05.2024 in WPSS No.745 of 2024, Nidhi Raturi and others Vs. State of Uttarakhand and others. He would submit that the matter is squarely covered by the aforesaid judgment. 4. Learned State counsel admits this fact. 5. Since, the matter is covered, instant petition is decided in terms of the judgment dated 08.05.2024, passed by this Court in WPSS No.745 of 2024, Nidhi Raturi and others Vs. State of Uttarakhand and others. 6. The petitoiner may accordingly make a fresh representation before the respodnent no.3 within a period of two weeks from today. The respondent no.3 is further directed to consider the represenation of the petitioner within a period of two months keeping in view the law as laid down by this Court for the purpose of grant of promotional pay scale which are mentioned in the judgment dated 08.05.2024 of this Court passed in WPSS No.745 of 2024, Nidhi Raturi and others Vs. State of Uttarakhand and others. (Ravindra Maithani, J.) 24.04.2025 Sanjay