2025:UHC:3799-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 13th MAY, 2025 WRIT PETITION (SB)NO. 148 OF 2025 State of Uttarakhand and another. …...Petitioners Versus Shoorvir Singh …….Respondent & WRIT PETITION (SB)NO. 151 OF 2025 State of Uttarakhand and another. …...Petitioners Versus Subhash Chandra …….Respondent Counsel for the State / Petitioners : Mr. N.S. Pundir, learned Deputy Advocate General. Counsel for the respondents : Mr. Vinay Kumar & Ms. Sudha Tamta, learned counsel. JUDGMENT :(per Mr. G. Narendar, C.J.) The short point involved in these petitions is that the petitioners have sought for recovery of certain portion of the pay paid to the respondents pursuant to their ad-hoc promotions. The case of the petitioners is premised on the ground that one of the conditions imposed while granting ad-hoc promotion is that in case of their reversion, the excess amount or portion of the pay, over and above their pay in their original cadre, would be recovered. 1 2025:UHC:3799-DB 2. Having permitted the respondents to discharge duties in a promotional post by way of an order of promotion, it is needless to say that the occupant of the post would be entitled to the pay that is attached to the said post. 3. It is not the case of the petitioners that the respondents were placed on in-charge basis, which would have enabled the petitioners from not paying the equal pay. 4. The concept of ‘equal pay for equal work’ is no more res integra. The respondents having discharged the duties lawfully in the promotional posts on account of orders of ad-hoc promotion issued by the petitioners, it not open to the Authorities to now turn around and place reliance on a condition imposed while granting promotion. It is not the case of the petitioners that they have paid more than the pay attached to the promotional posts. 5. In that view of the order and the reasoning of the Tribunal being legally sustainable and not warranting any interference, we do not perceive any necessity to retain the instant petitions on board. Accordingly, the instant writ petitions stand rejected. 2 2025:UHC:3799-DB 6. Pending application, if any, also stands rejected accordingly. ________________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 13th May, 2025 Rathour 3 PRAVIND RA SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9 e3aeb1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40C C6179B8E010331BA695239171F906FD5C45C4 E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.05.14 10:54:42 +05'30'