2025:UHC:5357-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE JUSTICE SRI MANOJ KUMAR TIWARI AND HON’BLE JUSTICE SRI SUBHASH UPADHYAY Writ Petition (S/B) No. 36 of 2015 Dr. Dhirendra Dutt Badhani --Petitioner Versus State of Uttarakhand and others --Respondents -------------------------------------------------------------------- Advocates:- Mr. Niranjan Bhatt, Advocate for the petitioner Mr. Puran Singh Rawat, Additional Chief Standing Counsel for the State of Uttarakhand -------------------------------------------------------------------- The Court made the following: JUDGMENT: (per Hon’ble Justice Sri Manoj Kumar Tiwari) 1. Petitioner was an employee of Ayurvedic Evam Unani Services Department of the State of Uttarakhand. He retired from the post of Medical Officer, Ayurved. He was granted certain monetary benefits vide order dated 04.08.2011. Subsequently, State Government passed an order stating that monetary benefits were wrongly granted to petitioner and ordered for recovery of excess payment made to him. Thus feeling aggrieved, petitioner has filed this writ petition in 2015, seeking following reliefs:- (i) Issue a writ, order or direction in the nature of certiorari calling for the records and quashing the impugned Government Order dated 29/05/2014 (Annexure No.1to the writ Petition) and Government Order dated 27/10/2014 (Annexure No.2 to the writ Petition) issued by the State Government. (ii) Issue a writ, order or direction in the nature of mandamus restraining the respondents from making any recovery from the petitioners of any amount already paid to them in accordance with the law made by the State Government.” 2. Mr. Niranjan Bhatt, learned counsel appearing for the petitioner submits that judgment rendered by coordinate Bench of this Court in Writ Petition (S/B) No. 415 of 2014 dealing with similar question was affirmed by Hon’ble Supreme Court vide judgment dated 1 2025:UHC:5357-DB 10.01.2024 rendered in Civil Appeal No. 5939-5940 of 2023. 3. Learned State Counsel has produced copy of judgment rendered in Writ Petition (S/B) No. 415 of 2014 and upon perusal of the judgment, we are satisfied that the question involved in present writ petition is identical to the one decided by coordinate Bench of this Court in the said case. 4. Since Hon’ble Supreme Court has also upheld the aforesaid judgment rendered by coordinate Bench of this Court, therefore, this writ petition is disposed of in terms of judgment rendered in WPSB No. 415 of 2014. _______________________________ MANOJ KUMAR TIWARI, J. ____________________________ SUBHASH UPADHYAY, J. Dt: 25th June, 2025 Mahinder 2 MAHINDE R SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca16 8979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD 4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.06.26 19:17:42 +05'30'