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2025 DAILYLAW 7530 (UTT)

JYOTI PRASAD BHATT v. STATE OF UTTARAKHAND

WPSS/790/2023 · 2025-02-25

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 790 of 2023 Sri Jyoti Prasad Bhatt .....Petitioner Versus State of Uttarakhand and others ….Respondents Present: Mr. M.C. Upadhyay, Advocate for the petitioner. Mr. Rajeev Singh Bisht, Additional C.S.C. for the State. Hon’ble Ravindra Maithani, J.(Oral) By means of instant petition, the petitioner has sought the following reliefs:- (i) Issue a writ, order or direction in the nature of certiorari, quashing the order dated 16.03.2022 issued by the respondent no.3 by which the amount of Rs.1,16,496/- has recovered from the amount of gratuity of petitioner (ANNEXURE NO.4) to this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus, commanding and directing the respondents to release the amount of Rs.1,16,496/- deducted from the gratuity of the petitioner with interest. (iii) Issue a writ, order or direction in nature of mandamus, commanding and directing to 2 respondents to grant one increment in salary from the date i.e. 01.01.2014, when the petitioner was promoted from Class IV to III post. (iv) Issue a writ, order or direction, in the nature of mandamus, directing the respondents to grant the Grade Pay of Rs.4600/- in lieu of 4,200/- from the month of October 2020, in place of February, 2021, when he completed his three year satisfactory service in grade pay of 4,200/- (v) Issue any other writ, order or direction which this Hon’ble Court may deemed fit and proper in the circumstances of the case. (vi) To award the cost of the petition to the petitioner. 2. Learned counsel for the petitioner would submit that the petitioner does not press for relief nos. 3 and 4. 3. The petitioner is rejected for relief nos. 3 and 4, as they are not pressed. 4. It is argued that for the other reliefs the matter is squarely covered by the judgment dated 30.08.2024 passed 3 by the co-ordinate Bench this Court in WPSS No. 49 of 2024, Rakesh Kumar Vs. State of Uttarakhand and others 5. This fact is admitted by the learned State counsel. 6. Since the matter is covered, instant petition is decided in terms of the judgment dated 30.08.2024 passed by the co-ordinate Bench this Court in WPSS No. 49 of 2024, Rakesh Kumar Vs. State of Uttarakhand and others (Ravindra Maithani, J.) 25.02.2025 Avneet/