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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY
WRIT PETITION (S/B) NO. 248 OF 2025
15TH JUNE, 2026
Renu Sinha
…… Petitioner
Versus
State of Uttarakhand & others
…… Respondents
Counsel for the petitioner : Dr. Udyog Shukla, learned counsel
Counsel for the respondents : Mr. J.C. Pande, learned Standing Counsel for the State
: Mr. K.P. Upadhyaya, learned Senior Counsel assisted by Mr. Hemant Pant, learned counsel for respondent Nos. 2 and 3
The Court made the following:
JUDGMENT:
1)
The petitioner, who is Assistant Professor in the Department of Civil Engineering in the respondent- Institute, has assailed the order dated 28.04.2025 by which her salary has been re-fixed on basis of recommendation of a two Member Committee. The case 1
of the petitioner is that before passing the said order, no notice or opportunity of hearing was provided to the petitioner. He was intimated about the said order after five days. 2)
The petitioner has already made representations against the order of re-fixation of salary. 3)
Learned counsel for the respondent-Institute submits that in identical facts and circumstances in WPSB No. 154 of 2025, Dr. Kuldeep Kholiya and another Vs State of Uttarakhand and others, this Court by order dated 06.04.2026 has permitted the petitioners therein to make representation and, the Board of Governors of the respondent-Institute has been directed to take decision on the same. The operative part of the order passed in said writ petition is as follows :
“6. It is not disputed before us that the deduction from salary has been made on basis of the recommendation made by two member Committee constituted for the purpose. Although advance increments were given reserving right to recover, if found to be not admissible but before any deduction is made, the respondents should have given opportunity to the petitioners and consider their stand. Therefore, we dispose of the writ petition with liberty to the petitioners to make representation in writing within two weeks from today and in the 2
event, any such representation is made along with copy of the instant order, the same shall be decided by the Board of Governors of the respondent-institute within next two weeks and based on its outcome, any further deduction / refund shall be made.
7. It is clarified that while deciding the representation, the Board of Governors shall not be influenced by their previous decision and shall examine the claim independently.”
4)
Having regard to the same, the present writ petition is also disposed of in same terms. 5) Pending application(s), if any, also stand
disposed of.
_______________________
MANOJ KUMAR GUPTA, C.J.
_________________ SUBHASH UPADHYAY, J.
Dt: 15TH JUNE, 2026 Negi
3 HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aaf11 6e73351fdaf6878326386908a7f90d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC51A 722A6BC552D470EB4FD2F88DDF7C18DB2A 1524A4D, cn=HIMANSHU NEGI Date: 2026.06.16 10:47:20 +05'30'