Extracted from the PDF above. The PDF is authoritative.
2026:UHC:1017 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/437/2026 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Sanjay Bhatt, learned counsel for the petitioners.
2. Mr. Narayan Dutt, learned Standing Cousnsel for the State of Uttarakhand.
3. Mr. Rajesh Sharma, learned counsel for the respondent-Uttarakhand Forest Development Corporation.
4. Petitioners served as Scalar in Uttarakhand Forest Development Corporation and retired on 28.02.2025 and 31.12.2019, respectively. Petitioners were given benefit of 3rd ACP w.e.f.
19.09.2015. According to petitioners, the amount paid to them as 3rd ACP is now sought to be recovered on the strength of an order dated 27.05.2019.
5. It is contended that order dated 27.05.2019 was never served upon the petitioners, while they were in service, and it has come as a bolt from the blue to them after retirement.
6.
Learned counsel for the petitioners relies upon a
judgment dated 26.11.2025 rendered in WPSS No. 421 of 2025 & other connected petitions. He submits that the present writ petition deserves to be decided in terms of said
judgment.
7. Mr. Rajesh Sharma, appearing for Uttarakhand Forest Development Corporation as well as Mr. Narayan Dutt,
2026:UHC:1017 learned State Counsel do not dispute the said submission and submits that the issues raised by petitioners are identical to the one decided by this Court in the aforesaid writ petition.
8. Accordingly, the writ petition is decided in terms of judgment dated 26.11.2025 rendered in WPSS No. 421 of 2025 & other connected matters. Impugned order providing for recovery of the excess amount from the petitioners is set aside. It is made clear that this
order will not preclude the competent authority from re-fixing pay of the petitioners at appropriate level, as per applicable rules/policy.
(Manoj Kumar Tiwari, J)
17.02.2026 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa 85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D 26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.02.17 05:45:57 -08'00'