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2026 DAILYLAW 1705 (UTT)

DHAN SINGH RANA v. STATE OF UTTARAKHAND

WPSS/2089/2022 · 2026-04-08

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:2518 SL. No. Da te Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/2089/2022 Hon’ble Manoj Kumar Tiwari, J. Mr. Harendra Belwal, Advocate for the petitioners. 2. Mr. G.S. Negi, Additional Chief Standing Counsel for the State of Uttarakhand. 3. Petitioners are retired Group-D employees of State Public Works Department. They are aggrieved by the recovery made from them by the departmental authorities. 4. Learned State Counsel submits that one increment was wrongly given to the petitioners at the time of regularisation of their services, which has resulted in excess payment to them, which was directed to be recovered by the orders impugned in prayer no. 2 by the petitioners. 5. Learned counsel for the petitioners submits that petitioners are not responsible in any manner whatsoever for the excess payment and they also did not practice any fraud upon the authorities for getting such excess amount, therefore, they cannot be made liable for recovery, that too after retirement. Learned counsel 2026:UHC:2518 for the petitioners further submits that he is withdrawing prayer no. 1, as made in the writ petition. 6. Mr. I.D. Paliwal, learned counsel appearing for the petitioners submits that identical issue was decided by this Court in WPSS No. 1359 of 2021 and other connected petitions. He submits that present writ petition can be decided in terms of judgment dated 17.02.2026, rendered in those petitions. 7. Learned State Counsel submits that he has no objection if the writ petition is decided in terms of the judgment, rendered in WPSS No. 1359 of 2021. 8. Accordingly, the writ petition is disposed of in terms of the judgment dated 17.02.2026, rendered in WPSS No. 1359 of 2021. Petitioners shall be at liberty to make representation, which if made within ten days, shall be decided as per law, within four months. The amount recovered from the dues of the petitioners shall be refunded to them within four months, unless such recovery was authorised by law. (Manoj Kumar Tiwari, J.) 08.04.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da8 2a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643A F56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.04.09 10:04:07 +05'30'