Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 1710 (UTT)

HARI SHANKAR v. STATE OF UTTARAKHAND

WPSS/2383/2025 · 2026-01-08

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:319 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS No.2383 of 2025 Hon’ble Alok Mahra, J. Mr. Tribhuwan Chandra Pandey, Advocate for the petitioner. Mr. Rajeev Singh Bisht, Additional C.S.C. for the State of Uttarakhand. Mr. Atul Bhatt, Standing Counsel for Union of India. 2. Petitioner is presently serving as a Saddler on a Group-D post under respondent no.4. The grievance raised in the present writ petition is that, despite having duly performed his duties during the relevant period, he has not been paid salary for the months of August 2015 to September 2015 and from March 2016 to December 2016. 3. On the previous date of hearing, a Coordinate Bench of this Court had directed the learned Standing Counsel for the Union of India to obtain specific instructions in the matter. Pursuant thereto, today, the learned Standing Counsel, on the basis of written instructions received from respondent no.4, submitted that the petitioner had forcibly signed the attendance register for the period from 04.06.2015 to 31.05.2016 and that he was not, in fact, on duty during the said period. The said written instructions, however, categorically acknowledge that the petitioner has not been paid salary for the period August 2015 to September 2015 and from March 2016 to December 2016. 2026:UHC:319 4. The defence so taken by the respondents does not inspire confidence and cannot be sustained in law. If, as alleged, the petitioner had indeed forged or forcibly marked his attendance registers for almost a year without actually being on duty, it would have been incumbent upon the respondents to initiate appropriate disciplinary proceedings against him for such a serious act of misconduct. The admitted inaction on their part in not initiating any such proceedings clearly indicates that the said allegation is an afterthought and a concocted story devised to deny the petitioner his lawful dues. 5. Since the respondents have themselves conceded in the written instructions that the petitioner’s salary for the aforesaid period has not been released till date, there remains no justification for withholding the same. 6. Accordingly, the writ petition is allowed. The respondents are directed to compute and release the salary of the petitioner for the period from August 2015 to September 2015 and from March 2016 to December 2016, together with interest at the rate of 6% per annum, within a period of four weeks’ from the date of production of certified copy of this order. (Alok Mahra, J.) 08.01.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c048536 5445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D45 4C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.01.08 15:58:28 +05'30'