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2025 DAILYLAW 9243 (UTT)

MITRA BHASKAR SHAH v. STATE OF UTTARAKHAND

WPSB/340/2020 · 2025-07-29

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:6602-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 29.07.2025 WPSB/340/2020 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Per – Hon’ble Majoj Kumar Tiwari, J. Mr. Mitra Bhaskar Shah, petitioner in- person through video conferencing. Mr. Shobhit Saharia, Advocate for respondent nos. 3 & 4. Mr. Sudhir Kumar Nailwal, Standing Counsel for the State. 2. Petitioner served as Senior Administrative Officer and retired voluntarily from Judgeship at Haridwar with effect from 31.01.2019. By means of this writ petition, he has sought the following reliefs: “i) Issue a writ or order in the nature of mandamus directing the respondents to implement the G.O./Office Memorandum, Karmi Anubhag-02, No- 183/(1)/XXX(2)/2010 dated 11.02.2010, in Subordinate Judiciary from 01.01.2010. ii) Issue a writ or order in the nature of Mandamus directing the respondents to provide all admissible entitlements and consequential benefits to the petitioner from 01.01.2010.” 3. In sum and substance, case of the petitioner is that since State Government has implemented staffing pattern in ministerial cadre in all subordinate State offices vide Government Order dated 11.02.2010; therefore, he is entitled to monetary benefits available for the post of Senior Administrative Officer from the date staffing pattern was implemented, i.e. 11.02.2010. 4. Mr. Shobhit Saharia, learned counsel 2025:UHC:6602-DB appearing for respondent Nos. 3 and 4, however, has drawn our attention to a letter dated 03.03.2012, issued by Registrar (Protocol) to District Judges and Principal Judge, Family Courts within State of Uttarakhand, whereby proposal regarding change in nomenclature of posts and implementation of staffing pattern, was invited. He submits that after collating desired information, matter was processed by law department of the State and ultimately a Government Order was issued on 05.04.2017, for implementation of staffing pattern in District Courts as well as Family Courts. Thus he submits that claim staked by petitioner, for benefit of staffing pattern from 2010, is without any substance. 5. We find force in the submission made by Mr. Saharia, learned counsel appearing for the respondents. 6. Since staffing pattern was implemented in District Judiciary vide Government Order dated 05.04.2017, therefore, petitioner’s claim for benefit of staffing pattern from 2010, is without any basis. 7. Thus, writ petition fails and is dismissed. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 29.07.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.07.31 10:34:10 +05'30' 2025:UHC:6602-DB